Contents

Article 1 – Definitions

Article 2 - Identity of the company

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right to cancel

Article 7 – Obligations of the consumer during the cooling-off period

Article 8 – Exercising the right to cancel by the consumer and the related costs

Article 9 – Obligations of the company in the event of cancellation

Article 10 – The price

Article 11 – Performance of the agreement and extra guarantee

Article 12 – Delivery and performance

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Annex 1 - Model form for cancellation

Article 1 – Definitions

In these conditions the terms below have the following meaning:

  1. Additional Agreement: an agreement where the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by the company or by a third party on the basis of an agreement between this third party and the company;
  2. Cooling-off Period: the period within which the consumer can rely on his right to cancel;
  3. Consumer: the natural person not acting for purposes related to his trade, business, profession or occupational activity;
  4. Day: calendar day;
  5. Digital Content: data which must be produced and delivered in digital form;
  6. Continuing Performance Contract: an agreement purporting to a regular delivery of goods, services and/or digital content during a particular period;
  7. Permanent Data Carrier: any tool - including email - that enables the consumer or company to store information which is directed to him personally in a manner making future access or use during a period coordinated with the purpose for which the information is intended and which makes unaltered reproduction of the stored information, possible;
  8. Right of Cancellation: the right of the consumer to cancel the distance contract within the cooling-off period.
  9. Model Cancellation Form: the European  for cancellation included in Annex I of these conditions;
  10. Company: the natural person or legal entity offering products, (access to) digital content and/or services to consumers at a distance;
  11. Distance Contract: an agreement between the company and the consumer entered into in the context of an organised system for distance sale of products, digital content and/or services, where up to and including the entering into of the agreement, exclusively or partly one or more technologies are used for distance communication.
  12. Technology for Distance Communication: tool that can be used for entering into an agreement without the consumer and company having to have met in the same place at the same time.

 

Article 2 - Identity of the company

Strong Viking B.V. / Obstaclerunshop.com

Business address 
Spinding 6

5431 SN, Cuijk, the Netherlands

Opening hours 

Telephone number: +31 (0)485-74 53 67 contactable Monday to Friday from 9 am to 3 pm

Email address: shop@strongviking.com

Chamber of Commerce number: 57045275

VAT-identification number: NL852415916B01

 

Article 3 – Applicability

  1. These general terms and conditions apply to each offer by the company and to each distance agreement formed between the company and the consumer.
  2. Before the distance agreement formed, the text of these general terms and conditions is made available to the consumer. If this is reasonably not possible the company will, before the distance agreement is formed, indicate how the general terms and conditions can be inspected at the company and that they will be sent to the consumer as soon as possible and free of charge at the request of the consumer.
  3. If the distance agreement is formed electronically, then in departure from the previous paragraph and before the distance agreement is formed, the text of these general terms and condition can be made available to the consumer via electronic means in such a way that it can be easily stored by the consumer on a permanent data carrier. If this is reasonably not possible the company will, before the distance agreement is formed, indicate where the general terms and conditions can be electronically inspected or will be sent in any other way free of charge.
  4. In the event that in addition to these general terms, specific product or service conditions apply, the second and third paragraph apply equally and in the event of conflicting conditions the consumer can always rely on the applicable provision most favourable to him.

 

Article 4 – The offer

  1. If an offer has a restricted term of validity or is issued under conditions, this will be expressly stated in the offer.
  2. The offer contains a full and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the company uses images, they are a true depiction of the offered products, services and/or digital content. Obvious mistakes or errors in the offer do not bind the company.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

 

Article 5 – The agreement

  1. Subject to the provisions in paragraph 4, the agreement is formed the moment the consumer accepts the offer and satisfies the attached conditions.
  2. If the consumer has accepted the offer via electronic means, the company immediately acknowledges receipt of the acceptance of the offer via electronic means. As long as the receipt of this acceptance has not been confirmed by the company, the consumer can terminate the agreement.
  3. If the agreement is formed electronically, the company takes suitable technical and organisational measures to protect the electronic transfer of data and is responsible for a safe web environment. If the consumer is able to pay electronically, the company will have suitable security measures in place.
  4. Within the statutory framework, the company can ascertain whether the consumer is able to fulfil his payment obligations and all the facts and factors that are important for responsibly entering into a distance contract. If on the basis of this investigation, the company has good grounds not to enter into the agreement, the company is entitled to refuse an order or request, or to attach special conditions to its performance. In the event of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 – Right to cancel

For products:

  1. The consumer can terminate an agreement relating to the purchase of a product during a cooling-off period of 30 days without having to state reasons. The company may ask the consumer for the reason for the cancellation but the consumer is not obliged to state his reason(s)  .
  2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party as nominated in advance by the consumer not being the carrier, has received the product, or:
  3. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party nominated by the consumer, has received the last product. The company may, provided it has notified the consumer about this prior to the ordering process in a clear way, refuse an order of several products with a different delivery time.
  4. If the delivery of a product consists of various shipments or parts: the day on which the consumer, or a third-party nominated by him, has received the last shipment or the last part.
  5. For agreements relating to regular delivery of products during a particular period: the day on which the consumer, or a third-party nominated by him, has received the first product.

The right of cancellation does not apply to the purchase of tickets.

 

Article 7 – Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer will handle the products and the packaging with care. The consumer will only unpack or use the product to the extent necessary to ascertain the nature, characteristics and the workings of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do so in a shop.
  2. The consumer is only liable for the reduction in the value of the product which is the result of handling the product that exceeds which is allowed in paragraph 1.
  3. The consumer is not liable for the reduction in value of the product if the company has not provided the consumer with all the statutory compulsory information about the right to cancel before or at the time of entering into of the agreement.

 

Article 8 – Exercising the right to cancel by the consumer and the related costs

  1. If the consumer exercises his right to cancel, he notifies this within the cooling-off period by completing the model form attached to these conditions, the contact form on the website or by sending an email to shop@strongviking.com.
  2. The consumer will return the product or hand this over to (a representative of) the company as quickly as possible but at the latest within 30 days from the day following the notification referred to in paragraph 1. This is not required if the company has offered to collect the product itself. The consumer has in any event observed the return period if he sends the product back before the cooling-off period has expired.
  3. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging and in accordance with the reasonable and clear instructions issued by the company.
  4. The risk and burden of proof for the correct and timely exercise of the right of cancellation rests with the consumer.
  5. The consumer bears the direct costs for the return of the product. If the company has not stated that the consumer must bear these costs or if the company indicates to bear the costs itself, the consumer does not have to bear the costs of the return shipment.
  6. If the consumer exercises his right to cancel, all additional agreements are terminated by operation of law.

 

Article 9 – Obligations of the company in the event of cancellation

  1. If the company has allowed the electronic cancellation by the consumer, after receipt of this notification the company will immediately send an acknowledgement of receipt.
  2. The company will immediately reimburse all payments made by the consumer, including any delivery costs charged by the company for the returned product, but at the latest within 14 days following the day on which the consumer notifies the company of the cancellation. Unless the company offers to collect the product itself, it may delay the reimbursement until it has received the product or until the consumer shows that he has returned the product, depending which time is the earliest. Costs for returning the products are not reimbursed.
  3. The company uses the same payment method for any reimbursement that the consumer has used, unless the consumer agrees to a different method. The reimbursement is at no cost to the consumer.
  4. If the consumer has selected a more expensive method of delivery than the cheapest standard delivery, the company does not have to reimburse the additional costs related to the more expensive delivery.

 

Article 10 – The price

  1. During the term of validity stated in the offer, the prices of the offered products and/or services will not be increased, subject to price changes as a result of changes in the VAT rates.
  2. In departure from the previous paragraph, the company can offer products or services whose prices are linked to fluctuations on the financial market and which are outside the control of the company, with variable prices. This link to fluctuations and the fact that any stated prices are recommended prices, is stated in the offer.
  3. Price increases within 3 months after the formation of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the formation of the agreement are only permitted if the company has stipulated this and:
    1. They are the result of statutory regulations or provisions; or
    2. The consumer has the right to terminate the agreement from the date on which the price increase commences.
  5. The prices stated in the offer of products or services are inclusive of VAT.

 

Article 11 – Performance of the agreement and extra guarantee

  1. The company guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable demands of soundness and/or usefulness and the statutory provisions and/or government regulations in existence at the time of the formation of the agreement. If agreed, the company also guarantees that the product is suitable for other than normal use.
  2. Any extra guarantee provided by the company, its supplier, manufacturer or importer never restricts the statutory rights and claims the consumer can exercise on the basis of the agreement against the company if the company has fallen short in the performance of its part of the agreement.
  3. An extra guarantee includes every commitment by the company, its suppliers, importer or manufacturer in which they grant particular rights or claims to the consumer which go beyond that which they are obliged to by law in the event its fails in the performance of its part of the agreement.

 

Article 12 – Delivery and performance

  1. The company shall observe the greatest possible care when taking receipt of and in the performance of the orders of products and the assessment of requests for the provision of services.
  2. The place of delivery is deemed to be the address which the consumer has notified to the company.
  3. With observance of the provisions stated in this respect in article 4 of these general conditions, the company will carry out the accepted orders with due speed but at the latest within 30 days, unless a different delivery term has been agreed. If the delivery experiences delay or if an order cannot or only partially be carried out, the consumer will be notified of this at the latest 30 days after he has placed the order. In that event the consumer is entitled to terminate the agreement without charge.
  4. After termination in accordance with the previous paragraph, the company shall immediately refund the amount the consumer has paid.

The risk of damage and/or loss of products rests with the company until the moment of delivery to the consumer, or a prior-nominated representative made known to the company, unless expressly otherwise agreed.

Article 13 – Payment 

  1. Insofar as not otherwise agreed in the agreement or additional conditions, the consumer must pay the amounts due within 14 days after the entering into of the agreement. If the agreement is to render a service, this period commences on the day the consumer has received confirmation of the agreement.
  2. On the sale of products to consumers, the consumer may never be obliged in the general conditions to pay more than 50% in advance. If advance payment is stipulated, the consumer cannot exercise any right relating to the performance of the relevant order or service(s) before the stipulated advance payment has been made.
  3. The consumer must report inaccuracies in provided or stated payment details immediately to the company.
  4. If the consumer does not comply with his payment obligation(s), he is, after he has been notified by the company of the late payment and the company has granted the consumer a term of 14 days to as yet comply with his payment obligations and after payment within this 14 days term has not been not forthcoming, obliged to pay the statutory interest over the still outstanding amount and the company is entitled to charge the extra-judicial collection costs to the consumer. These collection costs are maximum: 15% over outstanding amounts up to € 2,500; 10% over the subsequent € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The company can deviate from the stated amounts and percentages in favour of the consumer.

 

Article 14 – Complaints procedure 

A complaint about a product, service or the customer service of the company can be sent within two months from discovery by email to: shop[@]strongviking.com. This email will be answered as soon as possible.

 

Article 15 – Disputes

  1. The agreements between the company and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
  2. If the consumer is not satisfied with the handling of his complaint, he can lodge a complaint to the online dispute resolution platform (ODR-platform) of the European Commission. The consumer can use the ODR-platform via https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=NL.

Annex: Model cancellation form

Click here for the model form of cancellation.

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