Index
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Scope of application
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of the right of withdrawal
Article 8 – Exclusion of the right of the withdrawal
Article 9 – The prince
Article 10 – Compliance and guarantee
Article 11 – Delivery and execution
Article 12 – Continuing performance contract: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different terms
Article 1 – Definitions
The terms used in these general terms and conditions are defined as follows:
Article 2- Corporate Identity/Entrepreneur
BackPainGoodbye.com – a trading name of Facing The Challenge bv
Skierstins 7, 9269 VN Feanwalden, The Netherlands
Phonenumber: +31 181 399943
E-mail: customerservice@backpaingoodbye.com
Chamber of commerce number: 24 29 4108
VAT identification number: NL 8080 77 053 B01
Article 3 – Scope of application
These Terms and Conditions apply to every offer of the entrepreneur and any distance agreement or order between the entrepreneur and the consumer.
Article 4 – The offer
Article 5 – Conclusion of agreement
Article 6 – Right of withdrawal
Delivery of products:
1. In the event of a purchase, a consumer has the possibility to dissolve the agreement for 14 days without giving any reason. This period commences on the day following receipt of all products by the consumer or a by the consumer announced representative.
2. During the reflection period, the consumer shall handle the product and the packaging with care. He will only unpack or use the product to the extent necessary in order to assess whether he wishes to keep the product. If he exercises his right of
withdrawal, he will have the product and if reasonably possible- in the original condition and packaging returned to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wants to use his right of withdrawal he is obliged to make this known to the entrepreneur within 14 days of receipt of all the products. The consumer can do this by means of the standard form. After the consumer expressed wanting to
make use of his right of withdrawal, the consumer shall return the product within 14 days to the entrepreneur. The consumer must prove that the products are returned in a timely manner, for example by means of a proof of mail delivery.
4. If the consumer at the end of the statutory period in paragraph 2 and 3 of this article has not expressed to want to make use of his right of withdrawal or the product has not been returned to the entrepreneur, the sale is a fact.
Delivery of services:
1. When delivering services, the consumer can terminate the contract without giving any reason within 14 days after concluding the agreement.
2. To exercise his right of withdrawal, the consumer will inform the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in case of right of withdrawal
1. If the consumer exercises his or her right of withdrawal, the costs of return are entirely for the account of the consumer.
2. If the consumer has paid an amount, the entrepreneur shall ensure that within 14 days after the consumer expressed wanting to make use of his right, .the full amount is refunded to the consumer. The consumer must prove that the delivered goods are returned, for example by means of a proof of mail delivery.
Article 8 – Exclusion of the right of withdrawal
1. The entrepreneur can exclude the right of withdrawal of the consumer as far as provided for in paragraph 2 and 3 of this article. The exclusion of het right of withdrawal is valid only if the entrepreneur states this clearly in the offer, at least
in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
o that the entrepreneur has established in accordance with the consumer’s specifications;
o that are clearly personal in nature;
o that cannot be returned due to their nature;
o that rapidly decay or become absolute;
o the price of which is subject to fluctuations on the financial market on which the entrepreneur has no influence;
o for individual newspapers and magazines;
o for audio and video recordings and computer software whose the consumer has broken the seal;
o hygiene products that are sealed and who’s the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
1. on accommodation, transport, restaurant or leisure that has to be carried out on a certain date or during a given period;
2. services which the delivery with the express consent of the consumer started before the cooling off period has expired;
3. betting and lotteries.
Article 9 – The price
1. During the period mentioned in the offer, the prices of the offered products/services do not increase, except for prices changes due to changes in VAT rates.
2. Contrary to the previous paragraph the entrepreneur can offer products whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control, with variable prices. These fluctuations and the fact that any prices are variable will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
4. Prices increases form 3 months after the contract was concludes are only allowed if agreed upon beforehand with the entrepreneur and:
o they are the result of statutory regulations or provisions; or
o the consumer has the power to terminate the contract on the day on which the prices increase takes effect.
5. All prices mentioned are inclusive of VAT.
6. All prices are subject to misprints. The entrepreneur is not liable for misprints. By misprints the Entrepreneur is not obligated to deliver the product according to the incorrect price.
Article 10 – Compliance and warranty
1. The entrepreneur guarantees that het products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal
provision and/or Government regulations. If agreed the entrepreneurs also states that the product is suitable for other than normal use.
2. A warranty by the entrepreneur, manufacturer or importer does not alter the legal rights and claims that the consumer can assert under the agreement with the entrepreneur.
3. Any defects or wrong products delivered must be reported in writing to the entrepreneurs with X days/weeks after delivery. Return of the products must be made in the original packaging and new state.
4. The warranty period of the entrepreneur corresponds to the factory guarantee period. The entrepreneur is not 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.
5. The guarantee does not apply if:
o the delivered goods have been repaired and/or modified by third parties and/or the consumer;
o the delivered goods are exposed to unusual circumstances or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
o the inferiorly in whole or in part is the result of rules that the government has asked or will ask about the nature or quality of the materials used.
Article 11- Delivery and Execution
1. The entrepreneur will take the greatest possible care in the receiving and the execution and/or delivery of the orders and the services.
2. The place of delivery is the address that the consumer has notified to the entrepreneur.
3. Accepted orders will be sent promptly but no later than 30 days after order message, unless the consumer has given permission that a longer delivery period is complied with. If delivery is delayed, or if an order is not or only partially carried out,
the consumer will receive a message and has the right to terminate the contract without penalty.
4. All delivery times are indicative. Exceeding a term gives consumers no right to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount which the consumer has already paid as soon as possible but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will attempt to provide a replacement product. At the latest when the delivery is made, it will be reported that a replacement article is delivered. At replacement articles the
right of withdrawal cannot be ruled out. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests upon the entrepreneur up to the moment of delivery to the consumer, unless otherwise expressly agreed. To the delivery obligation by the entrepreneur is met, once the order is offered to consumer once.
Article 12 – Duration transactions: duration, cancellation and renewal
Cancellation
1. If the consumer has entered into a contract for an indefinite period, which extends to the regular delivery of products (including electricity), at any time he can terminate it under the applicable termination rules and at a maximum of one month’s
notice.
2. The consumer that had contracted for a definite period, which extends to the regular delivery of products (including electricity) or services, can at any time by the end of the fixed period terminate the agreement under the applicable termination
rules and at a notice of one month.
3. The consumer can, for the agreements mentioned in the previous paragraphs:
o terminate and not be limited to cancellation at some time or in a given period;
o cancel at least in the same way as they entered into by him;
o cancel to the same notice period as the entrepreneur has stipulated for itself.
Renewal
1. The consumer that had contracted for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a definite period.
2. Notwithstanding the previous paragraph, an agreement concluded for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines can be tacitly renewed for a definite period of maximum of three months, if the
consumer has the possibility to cancel the extended agreement at the end of the extension with a notice of one month.
3. A agreement for a definite period, which extends to the regular delivery of products (including electricity) or services, may only be extended for an indefinite period if the consumer can cancel at any time with a notice of maximum one month and a
notice of maximum three months, with a agreement extends to the regular, but less than once a month, delivering dailies, weeklies and magazines.
4. A agreement for a definite period, which extends to delivery of a trial or introductory of newspapers, weeklies and magazines (trial or introductory subscription) will be ending automatically and will not continued automatically after the trial or
introductory.
Duration
1. Agreements with duration of more than one year can be cancelled after one year at any time and with a notice of maximum one month, unless the reasonableness and fairness is an objection against the termination before the agreed duration.
Article 13 – Payment
1. As far as not agreed otherwise, the amounts owed by the consumer have to be paid within 7 business days after the cooling off period ex article 6 paragraph 1. In case of an agreement to provide a service, the amounts have to be paid within 7 business
days after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in payment data provided or stated without delay to the entrepreneur.
3. In case of non-payment subject to statutory limitations, the entrepreneur has the right to advance to the consumer reasonable costs to charge.
Article 14 – Complaints procedure
1. The entrepreneur has a complaints procedure and handles complaints by following the complaints procedure.
2. Complaints about the performance of the contract or an order should be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has found the flaws.
3. Complaints are handled within 14 days from the date of receipt. If a complaint requires longer processing time, the entrepreneur will, within the period of 14 days, reply with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be solved in joint consultation, a dispute arises that is susceptible to the dispute resolution.
5. With complaints that cannot be solved in joint consultation, the consumer has the possibility to submit the complaint to Stichting GeschilOnline, the decision of Stichting GeschilOnline is binding. The consumer and entrepreneur agree with this binding decision. The submission of a dispute to the arbitration are not for free. The consumer must pay the costs of the arbitration. Furthermore residents living in the EU can use the European Dispute resolution platform to submit a complaint in order to reach an out-of-court settlement. This platform is available on http://ec.europa.eu/odr.
6. A complaint does not suspend the entrepreneur of his obligations, unless the entrepreneur indicates in written otherwise.
7. If the consumer complaint is well-founded, the entrepreneur has the possibility to replace or repair the delivered products for free.
Article 15 – Disputes
1. Dutch law shall apply exclusively to any dispute, agreements and orders, even if the consumer lives abroad.
2. The Vienna Sales Convention shall not apply.
Article 16 – Additional or different terms
Additional derogations from these general terms and conditions must not be to the detriment of the consumer and should be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by consumer.