Terms and Conditions

Article 1 – Definitions

For the purposes of these terms, the following definitions apply:

  • Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
  • Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Continuing performance transaction: a distance contract regarding a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
  • Durable data medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information;
  • Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to the conclusion of the contract;
  • Technique for distance communication: any means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same place;
  • General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Identification of the entrepreneur

  • Email address: support@benboxers.com
  • Commercial register registration number: 99115530

Article 3 – Scope of application

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer upon request. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data 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 inspected electronically and that they will be sent free of charge to the consumer, either electronically or otherwise, upon request. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms, the consumer may always rely on the provision that is most favorable to them. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the contract and these general terms and conditions shall otherwise remain in force, and the provision in question shall be replaced by mutual agreement with a provision that approaches the intent of the original as closely as possible. Situations not provided for in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our terms must be interpreted "in the spirit" of these general terms and conditions.

 

Article 4 – The offer

If an offer has a limited duration or is subject to conditions, this will be expressly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a faithful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the contract. Images of products are a faithful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes in particular:

  • the price, excluding customs duties and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service will apply the specific regime for postal and courier services regarding importation. This regime applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly along with any charged customs duties) from the recipient of the goods;
  • any shipping costs;
  • the manner in which the contract will be concluded and which actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the contract;
  • the period for accepting the offer, or the period during which the entrepreneur guarantees the price;
  • the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the contract is archived after conclusion, and if so, how it can be accessed by the consumer;
  • the way in which the consumer, before concluding the contract, can check the data they provided in the context of the contract and, if desired, correct it;
  • any other languages in which the contract can be concluded, in addition to Dutch;
  • the codes of conduct to which the entrepreneur is subject and the way the consumer can consult these codes of conduct electronically;
  • the minimum duration of the distance contract in the case of a continuing performance transaction. Optional: sizes, colors, types of materials available.

Article 5 – The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets 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 may 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 secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur may—within legal frameworks—investigate whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer on a durable data medium:

 

  • the visiting 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 notification regarding the exclusion of the right of withdrawal;
  • information about warranties and existing after-sales service;
  • the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract;
  • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration. In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery. Every contract is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This withdrawal period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. During the withdrawal period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and—if reasonably possible—in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days of receipt of the product. Making this known must be done by means of a written notification or by email. After the consumer has made it known that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of a proof of shipment. If the customer, after the expiration of the periods mentioned in paragraphs 2 and 3, has not made it known that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are at their expense. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.

 

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in time before concluding the contract. Exclusion of the right of withdrawal is only possible for products:

 

  • created by the entrepreneur in accordance with specifications of the consumer;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that can spoil or age quickly;
  • whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal;
  • for hygienic products of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services:
  • concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  • the delivery of which began with the express consent of the consumer before the withdrawal period expired;
  • concerning bets and lotteries.

Article 10 – Pricing

During the validity period 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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, at variable prices. This bondage to 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 permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

  • they are the result of statutory regulations or provisions; or
  • the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect. The place of delivery takes place in accordance with Article 5, first paragraph, of the VAT Act 1968 in the country where the transport starts. In this case, this delivery takes place outside the EU. Consequently, import VAT and/or customs clearance costs will be collected from the recipient by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

 

Article 10 – Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Return of the products must be in the original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if:

 

  • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
  • the unsoundness is wholly or partially the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will observe the greatest possible care when receiving and executing orders for products. The place of delivery is the address that the consumer has made known to the company. With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notification of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any compensation. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer paid as soon as possible, but no later than 14 days after dissolution. If delivery of a ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available. It will be reported in a clear and comprehensible manner that a replacement article is being delivered at the latest upon delivery. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing performance transactions: duration, termination, and renewal

Termination The consumer may terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month. The consumer may terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products or services, at any time by the end of the definite period, with due observance of the agreed termination rules and a notice period of no more than one month. The consumer may terminate the contracts mentioned in the previous paragraphs:

  • at any time and not be limited to termination at a specific time or in a specific period;
  • at least in the same way as they were entered into by them;
  • always with the same notice period as the entrepreneur has stipulated for themselves. Renewal A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period. Notwithstanding the previous paragraph, a contract that has been concluded for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this extended contract by the end of the extension with a notice period of no more than one month. A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case 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 delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period. Duration If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the start of the withdrawal period referred to in Article 6 paragraph 1. In the case of a contract to provide a service, this period starts after the consumer has received the confirmation of the contract. The consumer has the duty to report inaccuracies in provided or stated payment data to the entrepreneur without delay. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered 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 a message of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at their choice, replace or repair the delivered products free of charge.

 

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.