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Terms and Conditions

Terms and Conditions

Table of Contents: Article
1 - Definitions Article
2 - Identity of the entrepreneur Article
3 - Applicability Article
4 - The offer Article
5 - The agreement Article
6 - Right of withdrawal Article
7 - Obligations of the consumer during the reflection period Article
8 - Exercise of the right of withdrawal by the consumer and costs thereof Article
9 - Obligations of the entrepreneur in case of withdrawal Article
10 - Exclusion of the right of withdrawal Article
11 - The price Article
12 - Compliance and additional warranty Article
13 - Delivery and execution Article
14 - Duration transactions: duration, termination, and extension Article
15 - Payment Article
16 - Complaints procedure Article
17 - Disputes Article
18 - Additional or different provisions

Article 1 - Definitions In these terms and conditions, the following definitions apply: Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement 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 does not act for purposes related to his trade, business, craft, or professional activity; Day: calendar day; Digital content: data that are produced and supplied in digital form; Continuous performance contract: a contract that provides for the regular delivery of goods, services, and/or digital content over a certain period; Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation or use for 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 renounce the distance contract within the reflection period; Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers; Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby, up to and including the conclusion of the contract, exclusive or joint use is made of one or more techniques for distance communication; Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal with regard to his order; Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same place at the same time.

Article 2 - Identity of the entrepreneur Special Balls B.V. Industrieweg 4K 2712LB. Zoetermeer

Phone number: 06-19581737 available during opening hours Email: info@specialballs.com Chamber of Commerce number: 80325726 VAT Identification number: NL861631572B01

If the entrepreneur's activity is subject to a relevant licensing regime: the data on the supervisory authority.

If the entrepreneur practices a regulated profession: the professional association or organization to which he belongs; the professional title, the place in the EU or the European Economic Area where it has been granted; a reference to the professional rules applicable in the Netherlands and indications on where and how these professional rules are accessible.

Article 3 - Applicability These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then 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 them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

Article 4 - The Offer If an offer is of limited validity or is made under conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products, services, and/or digital content. Obvious mistakes or 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, which are attached to the acceptance of the offer.

Article 5 - The Agreement 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 associated conditions.
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 agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer, at the latest upon delivery of the product, service, or digital content, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information on guarantees and existing after-purchase service;
the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
the requirements for terminating the agreement if the agreement 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.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of Withdrawal

For products:
The consumer can dissolve an agreement 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 cannot oblige them to state their reason(s).
The reflection period referred to 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 multiple 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 prior to the ordering process, refuse an order of multiple products with different delivery times.
if the delivery of a product consists of different 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 the regular delivery of products over 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 not delivered on a tangible medium:
The consumer can dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium during a period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).
The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services, and digital content not delivered on a tangible medium if not informed 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 ends twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.
If the entrepreneur provides the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day 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 packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for a decrease in value of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for a decrease in value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer exercises his right of withdrawal, he shall report this to the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the entrepreneur (or a representative authorized by him). This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the reflection period has expired.
The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for 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 must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning.
If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to the part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full compliance with the obligation.
The consumer does not bear costs for the performance of services or the supply of water, gas, or electricity, not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation in case of withdrawal, or the model withdrawal form, or;
the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity, or district heating during the reflection period.
The consumer does not bear costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
he has not expressly agreed to start the performance of the agreement before the end of the reflection period prior to its delivery;
he has not acknowledged losing his right of withdrawal upon granting his consent; or
the entrepreneur has failed to confirm this statement by the consumer.
If the consumer exercises his right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal
If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he shall send an acknowledgment of receipt of this notification without delay after receipt.
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 may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
The entrepreneur uses the same means of payment for reimbursement that the consumer has used, unless the consumer agrees to a different method. The reimbursement 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 refund 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 in the offer, at least in time for the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence and that may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
Service agreements, after full performance of the service, but only if:
- the performance has begun with the consumer's express prior consent; and
- the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
Package travel as defined in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transportation, car rental services, and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
Products manufactured according to consumer specifications, which are not prefabricated and are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
Newspapers, periodicals, or magazines, with the exception of subscriptions to them;
The delivery of digital content other than on a tangible medium, but only if:
- the performance has begun with the consumer's express prior consent; and
- the consumer has declared that he thereby loses his right of withdrawal.
  
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