Terms & Conditions

General Terms and Conditions of Team Outdoors 

Article 1 - Definitions

In these terms and conditions, the following is understood to mean:

1. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;

2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

3. Day: calendar day;

4. Continuous transaction: a distance contract relating to a series of products and/or services, where the delivery and/or acceptance obligation 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 distance contract within the cooling-off period;

7. Model form: the model withdrawal form provided by the entrepreneur that a consumer can complete when he wishes to exercise his right of withdrawal.

8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

9. Distance contract: an agreement in which, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, exclusively one or more techniques for distance communication are used up to and including the conclusion of the agreement;

10. Remote communication technology: means that can be used to conclude an agreement without the consumer and the trader being simultaneously present in the same location.

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

Article 2 - Identity of the entrepreneur

Company name: WG Internetservices, CoC: 59892099 VAT: NL001879267B75

Trade name: Team Outdoors, Edisonstraat 22a 6604BV Wijchen, CoC: 59892099 VAT: NL001879267B75

Article 3 - Applicability

• These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders 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, it shall be indicated before the distance contract is concluded that the general terms and conditions can be viewed 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, notwithstanding the preceding 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 manner that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request.
• In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
• If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or are annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced without delay by mutual agreement by a provision that approximates the intent of the original as closely as possible.
• Situations not covered by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.

Article 4 - The offer

• If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
• The offer is without obligation. The entrepreneur is entitled to modify and adjust 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 are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
• All images, specifications, and data in the offer are indicative and cannot give rise to claims for compensation or termination of the agreement.
• Product images are a true representation of the products offered. The entrepreneur 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 that are associated with the acceptance of the offer. This concerns in particular:

• the price including taxes;
• the possible shipping costs;
• the manner in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and execution of the agreement;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the level of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the communication medium used;
• whether the agreement is archived after conclusion, and if so, in what manner it is accessible to the consumer;
• the manner in which the consumer, prior to concluding the agreement, can verify the information provided by him in the context of the agreement and, if desired, correct it;

1. any other languages in which, in addition to Dutch, the agreement may be concluded;

1. the codes of conduct to which the entrepreneur has subjected himself and the manner in which the consumer can consult these codes of conduct electronically; and

1. the minimum duration of the distance contract in the case of a continuous transaction.

 

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.

2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as 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 shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for that purpose.

4. The entrepreneur may—within legal frameworks—ask himself whether the consumer is able to meet his payment obligations, as well as of all those facts and factors that are relevant for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application with justification, or to attach special conditions to its execution.

5. Our website is aimed at the private market; for business offers and intra-community recruitment, please contact customer service. Under no circumstances is it possible to adjust the invoicing retroactively; the VAT rates determined by the system are binding.

6. The entrepreneur shall provide the consumer with the following information regarding the product or service, either in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable data carrier:

a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information regarding warranties and existing after-purchase service;

d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;

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

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

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

 

Article 6 - Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons for 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 made known to the entrepreneur.

2. During the cooling-off period, the consumer shall handle the product and packaging with care. He shall unpack or use the product only to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to the entrepreneur with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur of this within 14 days of receiving the product. The consumer must do so using the model form. After the consumer has indicated their intention 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 in a timely manner, for example by means of proof of shipment.

4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

Upon delivery of services:

5. In the case of the provision of services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, commencing on the day the agreement was entered into.

6. To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur in this regard with the offer and/or at the latest upon delivery.

7. Pre-order items cannot be canceled, but they can be returned.

8. In the event of the cancellation of an order paid using the in3 payment method, costs are associated with the cancellation. The amount of these costs depends on the amount of the order.

9. Unfortunately, it is not possible to return the following items: fuels such as gas canisters and lamp oil. Software such as Navionics charts and C-Map. Fresh goods such as freezer baits and particles. Custom-made products.

 

Article 7 - Costs in the event of withdrawal

1. If the consumer exercises his right of withdrawal, he shall bear at most the costs of return shipment.

2. 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. This is subject to the condition that the product has already been received back by the webshop owner or that conclusive proof of complete return can be provided. A return shipment must be delivered to the store at Edissonstraat 22a in Wijchen; delivery to a parcel shop is not a valid method of return.

Article 8 - Exclusion of the right of withdrawal

• The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
• Exclusion of the right of withdrawal is only possible for products:

a. which have been produced by the entrepreneur in accordance with the consumer's specifications;

b. which are clearly personal in nature;

c. which by their nature cannot be returned;

d. that can spoil or become stale quickly;

e. the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;

f. for individual newspapers and magazines;

g. for audio, media and video recordings and computer software where the consumer has broken the seal.

h. for hygiene products where the consumer has broken the seal.

i. for specially ordered items that are not listed on the website, such as: spare parts for tents, beds, etc.

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

a. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;

b. the delivery of which has commenced with the express consent of the consumer before the cooling-off period has expired;

c. regarding bets and lotteries.

Article 9 - The price

• During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
• Notwithstanding the preceding paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative 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:

a. these are the result of statutory regulations or provisions; or

b. the consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.

• The prices stated in the offer of products or services include VAT.
• All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at 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, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
• A guarantee provided by the entrepreneur, manufacturer, or importer does not detract from the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
• 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 entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
• The warranty does not apply if:

1. The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;

1. The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the instructions of the entrepreneur and/or those on the packaging;

1. The defectiveness is wholly or partially the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

• The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
• The place of delivery is the address that the consumer has provided to the company.
• Subject to what is stated regarding this in paragraph 4 of this article, the company shall execute accepted orders with due speed 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 be executed at all or only partially, the consumer shall be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
• All delivery times are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.
• In the event 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 will endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be 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 previously designated representative known to the entrepreneur, unless expressly agreed otherwise.
• The moment permission to drop off the package is granted to the carrier, the consumer is responsible for the package from that moment on.

• When the consumer provides specific delivery instructions in advance, including permission to leave a shipment without a signature at a location designated by the consumer, delivery is deemed completed as soon as the carrier has demonstrably delivered the shipment in accordance with these instructions. The risk of damage, theft, or loss occurring thereafter shall be borne by the consumer from that moment onwards.

• The consumer is responsible for correctly and completely providing the name and address details necessary for delivery. Once an order has been handed over to the carrier, the entrepreneur cannot guarantee that the delivery address can still be changed. If an address change requested by the consumer results in additional costs, the actual costs charged by the carrier may be passed on to the consumer.

• If a shipment cannot be delivered through no fault of the entrepreneur and is returned, for example as a result of an incorrect or incomplete address provided, refusal of the shipment, failure to collect the shipment from a parcel point in a timely manner, or failure to take a necessary action towards the carrier in a timely manner, the actual return costs incurred as a result may be borne by the consumer, to the extent permitted by law. If the consumer subsequently requests that the order be reshipped, the actual costs incurred for this new shipment may also be charged. Refusal, non-acceptance, or failure to collect a shipment does not in itself constitute an unambiguous declaration by which the consumer exercises the right of withdrawal.

• For items that cannot be shipped via standard parcel service due to their weight, dimensions, size, or nature, an alternative shipping method may be necessary. If this results in additional transport costs that were not already charged at the time of concluding the agreement, the entrepreneur shall inform the consumer of this before the order is shipped. The consumer is not obliged to agree to these additional costs and may, in that case, cancel the relevant order or items free of charge before shipment.

• The entrepreneur may ship an order in multiple packages or partial deliveries. If the entrepreneur chooses to do so, no additional shipping costs will be charged to the consumer. If the consumer requests that items from an order be shipped separately or earlier, any additional shipping costs may be agreed upon with the consumer in advance.

• A delivery day, delivery time, or time window communicated by the carrier via Track & Trace is considered an indication and not a guaranteed delivery time, unless a fixed delivery date has been expressly agreed upon with the consumer. A change to or delay in an indicative delivery time indicated by the carrier does not affect the consumer's statutory rights regarding delivery.

Article 12 - Long-term transactions: duration, termination and renewal

Cancellation

• The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of at most one month.
• The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of at most one month.
• The consumer may the agreements mentioned in the previous paragraphs:

1. to cancel at any time and not be limited to cancellation at a specific time or during a specific period;

1. at least terminate in the same manner as they were entered into by him;

1. Always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

• An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
• Notwithstanding the preceding paragraph, an agreement entered into for a fixed period and intended for the regular delivery of daily newspapers, weekly newspapers, and periodicals may be tacitly renewed for a fixed duration of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension period with a notice period of at most one month.
• An agreement entered into for a fixed period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is entitled to terminate the agreement at any time with a notice period of no more than one month, and a notice period of no more than three months in the event that the agreement is intended for the regular, but less than once a month, delivery of daily newspapers, news magazines, weekly newspapers, and periodicals.
• An agreement of limited duration for the regular delivery of daily newspapers, news magazines, weekly newspapers, and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and terminates automatically upon the end of the trial or introductory period.

Duration

• 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 at most one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously disclosed to the consumer.
4. It is possible to cancel In3 payments, but a fee will be charged. It is not possible to partially return an order placed with In3.
5. For orders specially ordered, reserved, or assembled for the customer, the entrepreneur may require a down payment. By paying the down payment, the customer confirms the order and the instruction to reserve or order the relevant products for him. If the customer subsequently cancels the order in a situation where no statutory right of withdrawal or dissolution applies, the paid down payment is non-refundable.

Article 14 - Complaints Procedure

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

2. Complaints regarding the performance of the agreement must be submitted to the entrepreneur within 7 days of the consumer discovering the defects, fully and clearly described.

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

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

5. In the event of complaints, a consumer should first contact the entrepreneur. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).

6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

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

Article 15 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.

2. The Vienna Sales Convention does not apply.

Article 16 - Supplementary or deviating provisions

Provisions supplementing or 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 manner that they can be stored by the consumer in an accessible manner on a durable data carrier.