Terms of service

Table of Contents:

Definitions
Identity of the entrepreneur
Applicability
The offer
The agreement
Right of withdrawal
Obligations of the consumer during the reflection period
Exercise of the consumer's right of withdrawal and costs thereof
Obligations of the entrepreneur in case of withdrawal
Exclusion of the right of withdrawal
The price
Compliance and extra warranty
Delivery and execution
Duration transactions: duration, cancellation, and extension
Payment
Complaints procedure
Disputes
Additional or different provisions

Article 1 - Definitions In these conditions, the following terms are defined as:

Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or professional activity;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration contract: a contract that aims to deliver goods, services, and/or digital content on a regular basis over a certain period;
Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers from a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, in which up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
Model withdrawal form: the model withdrawal form included in Annex I of these conditions. Annex I need not be provided if the consumer has no right of withdrawal regarding his order;
Means of distance communication: means that can be used for the conclusion of a contract, without the consumer and entrepreneur needing to have come together in the same space.

Article 2 - Identity of the entrepreneur Rugbymagazijn Huizerweg 44, 1402 AC Bussum

Visiting address: Huizerweg 44, 1402 AC Bussum

Email address: contact@rugbymagazijn.nl Chamber of Commerce number: 81558198 VAT identification number: NL862137123B01

If the entrepreneur's activity is subject to a relevant licensing system, the details of the supervisory authority.

If the entrepreneur practices a regulated profession:

the professional association or organization to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it was granted;
a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules are accessible.

Article 3 - Applicability These general terms and conditions apply to every offer of the entrepreneur and to every distance contract that has been concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how 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, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer. 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 conditions, the consumer can always rely on the applicable provision that is most favorable to him.

Article 4 - The offer If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer. The offer contains a full and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer.

Article 5 - The contract The contract, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set thereby. If the consumer has accepted the offer electronically, the entrepreneur will 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 can dissolve the contract. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important to responsibly conclude the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution. The entrepreneur will send the following information with the product, service, or digital content to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable medium:

the address of the entrepreneur's 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 about warranties and existing service after purchase;
the price including all taxes of the product, service, or digital content; if applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite;
if the consumer has a right of withdrawal, the model withdrawal form.

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

Article 6 - Right of withdrawal For products: The consumer can dissolve a contract regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but he cannot compel him to furnish his reason(s). The period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:

if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not supplied on a tangible medium: The consumer can dissolve a service contract and an agreement for the supply of digital content that is not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but he cannot compel him to furnish his reason(s). The period mentioned in paragraph 3 starts on the day following the conclusion of the contract.

Extended reflection period for products, services, and digital content that is not supplied on a tangible medium in case of non-information about the right of withdrawal: If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original, according to the previous paragraphs of this article determined reflection period. If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months from the starting date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The basis here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond allowed in paragraph 1. The consumer is not liable for depreciation of the product if the entrepreneur did not provide him with all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 - Exercise of the consumer's right of withdrawal and costs thereof If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unequivocal manner. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends back the product, or he hands it over to (a representative of) the entrepreneur. This does not need to be if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he sends back the product before the reflection period has expired. The consumer returns the product with all delivered accessories if reasonably possible in original condition and packaging, and according to the reasonable and clear instructions provided by the entrepreneur. The risk and the proof of the correct and timely exercise of the right of withdrawal lie with the consumer. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not need to bear the costs of return. If the consumer withdraws after he has explicitly requested that the performance of the service or the supply of gas, water, electricity that are not ready for sale are made in a limited volume or quantity commence during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that has been fulfilled by the entrepreneur at the moment of withdrawal, compared to the full compliance of the commitment. The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which are not ready for sale made in a limited volume or quantity, or for the supply of district heating, if:

the entrepreneur did not provide the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;
the consumer did not explicitly request the start of the performance of the service or supply of gas, water, electricity, or district heating during the reflection period.

The consumer does not bear any cost for the full or partial delivery of digital content not supplied on a tangible medium if:

he has not explicitly agreed prior to its delivery to the start of fulfilling the contract before the end of the reflection period;
he has not acknowledged losing his right of withdrawal upon granting his consent; or
the entrepreneur has failed to confirm this statement from the consumer.

If the consumer exercises his right of withdrawal, all additional agreements are legally dissolved.

Article 9 - Obligations of the entrepreneur in case of withdrawal If the entrepreneur makes the notification of withdrawal by electronic means possible, he shall send an acknowledgment of receipt of this notification immediately after receiving it. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he can wait with refunding until he has received the product or until the consumer shows that he has returned the product, whichever is earlier. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this at the offer, at least in time for the conclusion of the contract:

Products or services whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction is a sales method whereby the entrepreneur offers products, digital content and/or services to the consumer who is personally present or gets the opportunity to be present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to take the products, digital content and/or services;
Service contracts after full performance of the service, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for the transport of persons;
Service contracts for the provision of accommodation, if a certain date or period of performance is provided in the contract and other than for residential purposes, goods transport, car rental services, and catering;
Contracts related to leisure activities, if a certain date or period of their performance is provided in the contract;
Products manufactured according to the consumer's specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that are irrevocably mixed with other items after delivery by their nature;
Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value is dependent on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
Newspapers, magazines, or magazines, except for subscriptions to them;
The supply of digital content other than on a tangible medium, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has stated that he thereby loses his right of withdrawal.

Article 11 - The price During the validity period mentioned in the offer, the prices of the offered products and/or services shall not be increased, subject to price changes due to changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur can 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. These fluctuations and the fact that any stated prices are target prices will be stated in the offer. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer has the authority to cancel the contract with effect from the day on which the price increase starts. The prices mentioned in the offer of products or services include VAT.

Article 12 - Compliance and extra warranty The entrepreneur ensures that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the contract if the entrepreneur has failed to fulfill his part of the contract. An extra guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what he is legally required to do in case he has failed to fulfill his part of the contract.

Article 13 - Delivery and execution The entrepreneur shall observe the greatest possible diligence in receiving and in the execution of product orders and in assessing applications for the provision of services. As the place of delivery, the address that the consumer has made known to the entrepreneur applies. With due observance of what is stated about this in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders expeditiously but no later than 30 days unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer receives notice of this no later than 30 days after he placed the order. In such cases, the consumer has the right to dissolve the contract without costs and the right to possible compensation. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer promptly. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and to the entrepreneur announced representative unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, cancellation, and extension Cancellation: The consumer can cancel a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time subject to the agreed cancellation rules and a notice period of no more than one month. The consumer can cancel a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period, subject to the agreed cancellation rules and a notice period of no more than one month. The consumer can cancel the contracts mentioned in the previous paragraphs:

at any time and not be limited to cancellation at a specific time or in a specific period;
at least in the same way as they were entered into by him;
always with the same notice period as the entrepreneur has stipulated for himself. Extension: A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a definite period. By way of exception to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can cancel this extended contract at the end of the extension with a notice period of no more than one month. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. The notice period is no more than three months if the contract extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. A contract with a limited duration for the regular introduction of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be automatically continued and will end automatically after the trial or introductory period. Duration: If a contract has a duration of more than one year, the consumer may cancel the contract at any time with a notice period of no more than one month unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 15 - Payment Unless otherwise stipulated in the contract or additional conditions, the amounts to be paid by the consumer must be settled within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after concluding the contract. In case of a contract to provide a service, this period starts on the day after the consumer has received the confirmation of the contract. In the sale of products to consumers, a consumer can never be obliged in general terms and conditions to prepay more than 50%. Where prepayment is stipulated, the consumer cannot assert any rights regarding the execution of the respective order or service(s), before the stipulated prepayment has been made. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. If the consumer does not meet his payment obligation(s) on time, this after being informed by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to meet his payment obligations, after failing to pay within this 14-day period, the consumer owes the statutory interest on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000 with a minimum of €40. The entrepreneur may deviate from the mentioned amounts and percentages for the benefit of the consumer.

Article 16 - Complaints procedure The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has noticed 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 foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer. The consumer should give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute that is subject to the dispute resolution procedure arises.

Article 17 - Disputes Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 18 - Additional or different provisions Additional or different provisions 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.