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Terms & Conditions

Article 1 — Definitions

In these terms and conditions the following definitions apply:

  • 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 supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;

  • Cooling-off period: the period within which the consumer may exercise his right of withdrawal;

  • Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;

  • Day: calendar day;

  • Digital content: data produced and supplied in digital form;

  • Continuing agreement: an agreement that aims at the regular supply of items, services and/or digital content over a certain period;

  • Durable data carrier: any device - including email - that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;

  • Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period;

  • Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;

  • Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, using one or more techniques for distance communication up to and including the moment the agreement is concluded;

  • Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I need not be made available if the consumer has no right of withdrawal with regard to his order;

  • Technique for distance communication: means that can be used to conclude an agreement without consumer and trader being in the same place at the same time.

Article 2 — Identity of the trader

Gear2Game

Toarastraat 41

1336 SG Almere

Email address: [email protected]

KvK (Chamber of Commerce) number: 61964158

Article 3 — Applicability

  • These general terms and conditions apply to every offer of the trader and to every distance contract concluded between trader and 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 trader will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the trader'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, the text of these general terms and conditions may, by way of exception to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will 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 way at the consumer's request.

  • If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply accordingly and, in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.

Article 4 — The offer

  • If an offer has a limited duration or is subject to conditions, this will be stated explicitly in the offer.

  • 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, they are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

  • Every offer contains such information that it is clear to the consumer what rights and obligations 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 the consumer accepts the offer and satisfies the conditions set for this.

  • If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.

  • If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this.

  • The trader may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, he is entitled, with reasons stated, to refuse an order or request or to attach special conditions to its performance.

  • The trader will, no later than upon delivery of the product, service or digital content to the consumer, send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  • the visiting address of the trader's establishment where the consumer can lodge complaints;

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

  • the information on guarantees and existing after-sales service;

  • the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the manner of payment, delivery or performance 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 continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 — Right of withdrawal

For products:

  • The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days, without giving reasons. The trader may ask the consumer the reason for withdrawal, but may not oblige him to state his reason(s).

  • The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated in advance 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, received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple 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, 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, received the first product.

For services and digital content not supplied on a material carrier:

  • The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a material carrier during at least 14 days, without giving reasons. The trader may ask the consumer the reason for withdrawal, but may not oblige him to state his reason(s).

  • The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a material carrier if not informed about the right of withdrawal:

  • If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.

  • If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

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

  • During the cooling-off period the consumer will handle the product and the 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 basic principle 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 resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.

  • The consumer is not liable for depreciation of the product if the trader has not provided him, before or at the conclusion of the agreement, with all the legally required information about the right of withdrawal.

Article 8 — Exercise of the right of withdrawal by the consumer and the costs thereof

  • If the consumer exercises his right of withdrawal, he will report this to the trader within the cooling-off 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 will return the product, or hand it over to (an authorised representative of) the trader. This is not required if the trader has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.

  • The consumer returns 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.

  • The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

  • 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 himself, the consumer does not have to bear the costs of returning.

  • If the consumer withdraws after first 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 a certain quantity begins during the cooling-off period, the consumer owes the trader an amount proportional to that part of the obligation that has been performed by the trader at the time of withdrawal, compared with the full performance of the obligation.

  • The consumer bears no 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 trader has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement on withdrawal or the model withdrawal form; or

  • the consumer has not expressly requested the start of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.

  • The consumer bears no costs for the full or partial supply of digital content not supplied on a material carrier, if:

  • prior to its supply he has not expressly consented to the start of the performance of the agreement before the end of the cooling-off period;

  • he has not acknowledged losing his right of withdrawal when giving his consent; or

  • the trader has failed to confirm this statement from the consumer.

  • If the consumer exercises his right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9 — Obligations of the trader on withdrawal

  • If the trader makes it possible for the consumer to notify withdrawal electronically, he will promptly send an acknowledgement of receipt after receiving this notification.

  • The trader will reimburse all payments of the consumer, including any delivery costs charged by the trader for the returned product, promptly but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may postpone repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.

  • The trader will use the same means of payment for the refund that the consumer used, unless the consumer agrees to another 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 trader does not have to refund the additional costs of the more expensive method.

Article 10 — Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at any rate in good time before the conclusion of the agreement:

  • Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period

  • Agreements concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby 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 trader has fully performed the agreement;

  • Package holidays within the meaning of Article 7:500 of the Dutch Civil Code and agreements for the carriage of persons;

  • Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and otherwise than for residential purposes, goods transport, 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 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;

  • Products that deteriorate quickly or have a limited shelf life;

  • Sealed products that, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;

  • Products that, by their nature, have been irrevocably mixed with other products after delivery;

  • Alcoholic drinks whose price was agreed upon the conclusion of the agreement, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;

  • Sealed audio, video recordings and computer software, whose seal has been broken after delivery;

  • Newspapers, magazines or periodicals, with the exception of subscriptions thereto;

  • The supply of digital content other than on a material carrier, 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.

Article 11 — The price

  • During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

  • By way of exception to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are indicative prices will be stated in the offer.

  • Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

  • Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

  • they result from statutory regulations or provisions; or

  • the consumer has the right to terminate the agreement as from the day the price increase takes effect.

  • The prices stated in the offer of products or services include VAT.