TERMS & CONDITIONS

The Fight Company's Terms & Conditions came into effect on 1 February 2019.

Contents:

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Consumer obligations during the withdrawal period
Article 8 – Exercise of the right of withdrawal by the consumer and associated costs
Article 9 – Trader obligations on withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – Price
Article 12 – Performance and additional warranty
Article 13 – Delivery and performance
Article 14 – Recurring transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure

Article 1 – Definitions

In these conditions:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement, which goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes connected with his business, professional or craft activity;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Recurring agreement: an agreement that provides for the regular supply of goods, services and/or digital content for a specified period;
7. Durable medium: any means – including email – that enables the consumer or trader to store information addressed to him personally in such a way as to permit future consultation or use for a period matched to the purpose for which the information is intended, and which permits unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's ability to withdraw from the distance agreement within the withdrawal period;
9. Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance agreement: an agreement concluded between the trader and the consumer within an organised distance sales system, whereby, up to and including the moment of conclusion of the agreement, exclusive or substantial use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form set out in Annex I to these conditions. Annex I need not be made available if the consumer has no right of withdrawal in respect of his order;
12. Technique for distance communication: means that can be used to conclude an agreement without the consumer and trader being present in the same place at the same time.

Article 2 – Identity of the trader

Name of trader: The Fight Company
Trading as: TFC Trading Group B.V.

Registered address:
Kaskinenweg 7
9723 JL Groningen

Phone: +31 85 06 06 340

Available:
Monday to Friday, 09:00 – 17:00

Email: klantenservice@thefightcompany.nl

Chamber of Commerce no.: 83630562
VAT no.: NL862940369B01

Article 3 – Applicability

1. These terms and conditions apply to all offers by the trader and to every distance agreement concluded between the trader and the consumer.
2. Before the distance agreement is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, the trader shall indicate before the distance agreement is concluded how the terms and conditions can be inspected at the trader's premises and that they will be sent free of charge to the consumer upon request before the distance agreement is concluded.
3. If the distance agreement is concluded electronically, the text of these terms and conditions may, by way of derogation from the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that the consumer can store it on a durable medium in an easy manner. If this is not reasonably possible, before the distance agreement is concluded, it shall be indicated where the terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
4. If specific product or service terms and conditions also apply in addition to these terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to him.

Article 4 – The offer

1. If an offer is limited in time or subject to conditions, this is stated clearly in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious errors or obvious omissions in the offer do not bind the trader.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with acceptance of the offer.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment when the consumer accepts the offer and meets the conditions stipulated therein.
2. If the consumer has accepted the offer electronically, the trader 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 trader, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
4. The trader may, within legal limits, verify whether the consumer can meet his payment obligations and obtain all facts and factors relevant to a responsible conclusion of the distance agreement. If the trader has good reasons not to conclude the agreement based on this investigation, he is entitled to refuse a motivated order or application or to attach special conditions to performance.
5. The trader shall send the following information to the consumer in writing or in such a way that it can be stored accessibly by the consumer on a durable medium, no later than upon delivery of the product, service or digital content:

• • the visiting address of the trader'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 that the right of withdrawal is excluded;
  • information about warranties and existing after-sales service;
  • the price including all taxes of the product, service or digital content; where applicable the delivery costs; and the method of payment, delivery or performance of the distance agreement;
  • the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration;
  • if the consumer has a right of withdrawal, the model withdrawal form.

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

Article 6 – Right of withdrawal

For products:

1. The consumer can withdraw from an agreement for the purchase of a product within a withdrawal period of 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal but may not require the consumer to give it.
2. The withdrawal period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer other than the carrier, receives the product, or:

• • if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, receives the last product. The trader may refuse an order of multiple products with different delivery times, provided he has informed the consumer of this clearly before the ordering process.
  • if delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, receives the last shipment or part;
  • for agreements for regular delivery of products for a specified period: the day the consumer, or a third party designated by him, receives the first product.

For services and digital content not supplied on a physical medium:

1. The consumer can withdraw from a service agreement and an agreement for the supply of digital content not supplied on a physical medium within 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal but may not require the consumer to give it.
2. The withdrawal period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended withdrawal period for products and services and digital content not supplied on a physical medium if not informed of the right of withdrawal:

1. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period expires twelve months after the end of the original withdrawal period as determined in the previous paragraphs of this article.
2. If the trader provides the consumer with the information referred to in the previous paragraph within twelve months from the start of the original withdrawal period, the withdrawal period expires 14 days after the day the consumer receives that information.

Article 7 – Consumer obligations during the withdrawal period

1. During the withdrawal period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for loss in value of the product resulting from handling beyond what is permitted under paragraph 1.
3. The consumer is not liable for loss in value of the product if the trader has not provided the consumer with all legally required information about the right of withdrawal before or at the time of conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and associated costs

1. If the consumer exercises his right of withdrawal, he shall notify the trader of this within the withdrawal period using the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but no later than 14 days after the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an agent of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer has complied with the return deadline in any case if he returns the product before the withdrawal period expires.
3. The consumer shall return the product with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs or if the trader indicates that he will bear the costs, the consumer need not bear the return costs.
6. If the consumer withdraws after first expressly requesting that the performance of the service or the delivery of gas, water or electricity not offered for sale in limited volume or specific quantity begins during the withdrawal period, the consumer owes the trader a sum proportional to that part of the obligation performed by the trader at the moment of withdrawal compared to the full performance of the obligation.
7. The consumer shall not bear any costs for the performance of services or the delivery of water, gas or electricity not offered for sale in limited volume or quantity, or for the delivery of district heating, if:

• • the trader has not provided the consumer with the legally required information about the right of withdrawal, compensation on withdrawal or the model withdrawal form, or;
  • the consumer has not expressly requested the commencement of the performance of the service or delivery of gas, water, electricity or district heating during the withdrawal period.

1. The consumer shall bear no costs for complete or partial delivery of digital content not supplied on a physical medium, if:

• • he has not expressly agreed before delivery that performance of the agreement may begin before the end of the withdrawal period;
  • he has not acknowledged the loss of his right of withdrawal by giving his consent; or
  • the trader has failed to confirm this declaration from the consumer.

1. If the consumer exercises his right of withdrawal, all additional agreements shall be automatically dissolved.

Article 9 – Trader obligations on withdrawal

1. If the trader allows the consumer to notify withdrawal electronically, the trader shall send an acknowledgement of receipt immediately upon receipt of this notification.
2. The trader shall refund all payments made by the consumer, including any delivery costs charged by the trader for the returned product, promptly and in any case within 14 days of the day on which the consumer notified him of the withdrawal. Unless the trader has offered to collect the product himself, the trader may wait to refund until he has received the product or until the consumer has provided evidence that he has returned the product, whichever is sooner.
3. The trader shall use the same payment method that the consumer used for the refund, unless the consumer agrees to a different method. The refund is free of charge to the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader need not refund the additional costs of the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader has made this clear in the offer or in good time before the agreement is concluded:

1. Products or services whose price is linked to fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and/or services are offered by the trader to the consumer who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:

• • performance has begun with the consumer's express prior consent; and
  • the consumer has acknowledged that he loses his right of withdrawal as soon as the trader has fully performed the agreement;

1. Package travel as defined in article 7:500 Dutch Civil Code and agreements for passenger transport;
2. Service agreements for the provision of accommodation, where a specific date or period of performance is specified in the agreement and not for residential purposes, freight transport, car rental and catering;
3. Agreements concerning leisure activities, where a specific date or period of performance is specified in the agreement;
4. Products made to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
5. Products that rapidly perish or have a limited shelf life;
6. Sealed products that are unsuitable for return for health or hygiene reasons and whose seal has been broken after delivery;
7. Products which, after delivery, have become inseparably mixed with other products due to their nature;
8. Alcoholic beverages whose price was agreed upon at the time of conclusion of the agreement, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which the trader has no control;
9. Sealed audio, video recordings and computer programmes, whose seal has been broken after delivery;
10. Newspapers, magazines or periodicals, except subscriptions to these;
11. The delivery of digital content other than on a physical medium, but only if:

• • performance has begun with the consumer's express prior consent; and
  • the consumer has acknowledged that by doing so he loses his right of withdrawal.

Article 11 – Price

1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
2. By way of derogation from the previous paragraph, the trader can offer products or services whose prices are linked to fluctuations in the financial market and over which the trader has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has agreed to this and:

• • they are the result of statutory regulations or provisions; or
  • the consumer has the right to terminate the agreement with effect from the date the price increase takes effect.

1. The prices mentioned in the offer for products or services are inclusive of VAT.

Article 12 – Performance and additional warranty

1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of quality and/or fitness for purpose, and the statutory provisions and/or government regulations in force on the date of conclusion of the agreement. If agreed, the trader also guarantees that the product is fit for purposes other than normal use.
2. An additional warranty provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the trader on the basis of the agreement if the trader has failed to perform his part of the agreement.
3. Additional warranty means any obligation of the trader, his supplier, importer or manufacturer by which he grants the consumer certain rights or claims that go beyond what he is legally required to do if he has failed to perform his part of the agreement.

Article 13 – Delivery and performance

1. The trader shall exercise utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The delivery address is the address that the consumer has communicated to the trader.
3. Subject to the provisions of article 4 of these terms and conditions, the trader shall execute accepted orders promptly but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot be executed in full or in part, the consumer shall be notified no later than 30 days after placing the order. The consumer then has the right to terminate the agreement free of charge and is entitled to compensation for any damages.
4. Following termination in accordance with the previous paragraph, the trader shall promptly refund the amount paid by the consumer.
5. The risk of damage to and/or loss of products rests with the trader until delivery to the consumer or a designated representative of the consumer known to the trader, unless expressly agreed otherwise.

Article 14 – Recurring transactions: duration, termination and renewal

Termination:

1. The consumer may terminate an agreement concluded for indefinite duration that provides for regular delivery of products (including electricity) or services at any time, subject to the agreed termination conditions and a notice period of at most one month.
2. The consumer may terminate an agreement concluded for a specified period that provides for regular delivery of products (including electricity) or services at any time at the end of the specified period, subject to the agreed termination conditions and a notice period of at most one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs:

• • at any time and is not limited to termination at a specific time or within a specific period;
  • at least in the same manner as they were concluded by him;
  • always with the same notice period as the trader has reserved for himself.

Renewal:

1. An agreement concluded for a specified period that provides for regular delivery of products (including electricity) or services shall not be silently renewed or extended for a specified period.
2. By way of derogation from the previous paragraph, an agreement concluded for a specified period that provides for regular delivery of daily, news and weekly newspapers and magazines may be silently renewed for a specified period of a maximum of three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
3. An agreement concluded for a specified period that provides for regular delivery of products or services may only be silently extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month. The notice period is at most three months in the case of an agreement providing for regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
4. An agreement with limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not silently extended and ends automatically at the end of the trial or introductory period.

Duration:

1. 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 fairness and reasonableness preclude termination before the end of the agreed period.

Article 15 – Payment

1. Unless otherwise provided in the agreement or additional terms, amounts owed by the consumer shall be paid within 14 days of the start of the withdrawal period or, if there is no withdrawal period, within 14 days of the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. If advance payment is agreed, the consumer has no rights regarding the execution of the relevant order or service(s) unless the agreed advance payment has been made.
3. The consumer has the obligation to immediately report any inaccuracies in the payment information provided or stated to the trader.
4. If the consumer fails to pay on time, after the trader has drawn the consumer's attention to late payment and has given the consumer 14 days to still meet his payment obligations, after non-payment within this 14-day period, the consumer shall owe statutory interest on the outstanding amount and the trader is entitled to charge the costs of collection that he has incurred. These collection costs are: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. The trader may deviate from these amounts and percentages in favour of the consumer.

Article 16 – Complaints procedure

1. The trader has a complaints procedure that is sufficiently publicised and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the trader in full and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader are answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. The consumer must give the trader at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to dispute resolution. The Dutch version of these terms and conditions is legally binding.