General Terms and Conditions
Article 1 - Definitions
For the purposes of these terms and conditions, the following definitions shall apply:
Entrepreneur: The natural or legal person who offers products and/or services to consumers from a distance;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time;
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
The online store www.q-linn.com is engaged in the online sale of sports underwear and related items.
4841 KX Prinsenbeek
Tel: +31(0)6-1084 5314
VAT number: NL8586.49.524.B.01
KVK number: 71281096
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 remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer 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 conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be viewed electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
Article 4 - The offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products and / or services. Obvious mistakes or errors in the offer will not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price including taxes;
the cost of delivery, if any;
The way in which the agreement will be established and what actions are necessary for this;
Whether or not the right of withdrawal applies;
The method of payment, delivery or performance of the agreement;
The period for accepting the offer, or the period for adhering to the price;
the level of the rate for distance communication if the cost of using the technology for distance communication is calculated on a basis other than the basic rate;
if the agreement is archived after its conclusion, in what way it can be consulted by the consumer;
The way in which the consumer can become aware of actions that are not wanted by him before the conclusion of the contract, as well as the way in which he can rectify these before the contract is concluded;
the languages, if any, in which the agreement may be concluded in addition to Dutch;
The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
The minimum duration of the distance contract in the case of a contract for continuous or periodic delivery of products or services.
Article 5 - The agreement
The agreement comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within the law - to inform the consumer about his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance. If the entrepreneur, on the basis of this research, has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information about existing after-sales service and warranties;
d. the price including all taxes of the product, service or digital content; to the extent that
applicable the cost of delivery; and the method of payment, delivery or performance of the
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
f. if the consumer has a right of withdrawal, the model form for withdrawal.
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
The consumer can dissolve a contract relating to the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in one order: the day 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 for multiple products with a different delivery time.
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, has received the last shipment or the last part;
in case of contracts for regular delivery of products during 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 terminate a service contract and a contract for delivery of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The cooling-off period referred to 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 tangible medium in case of failure to inform about right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur provided 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 cooling-off period the consumer will handle the product and its 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 starting point here 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 depreciation in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any reduction in the value of the product if the entrepreneur did not provide him with all the legally required information about the right of withdrawal before or at the time of concluding the contract.
Only with attached labels and in original packaging we can accept your returned product. Also worn clothing, washed clothing we can not take back.
If you have attempted to repair a defect in your product yourself we cannot return your product.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer makes use of his right of withdrawal, he shall report this to the entrepreneur within the cooling-off period by means of the model form for withdrawal or in another unequivocal manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the 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 lies 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 to bear the costs himself, the consumer does not have to bear the return costs. Insufficiently stamped return shipments will not be accepted and therefore not credited.
If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity shall commence during the withdrawal period, the consumer shall owe the entrepreneur an amount proportionate to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the commitment.
The consumer shall not bear any 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 to supply district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal, 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 cooling-off period.
The consumer shall not bear any cost for the full or partial delivery of digital content not delivered on a tangible medium, if:
he did not expressly agree, prior to its delivery, to the commencement of the performance of the contract before the end of the cooling-off period;
he has not acknowledged losing his right of withdrawal when giving his consent; or
the entrepreneur has failed to confirm this statement by the consumer.
If the consumer makes use of his right of withdrawal, all additional contracts will be dissolved by operation of law.
Article 9 - Obligations of the trader in the event of withdrawal
If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send an acknowledgement of receipt of this notification without delay after receiving it.
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 trader offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
The entrepreneur will use the same means of payment that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen 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 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 over which the entrepreneur has no influence and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction means a method of sale 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 in which 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 execution has started with the consumer's explicit prior consent; and the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully executed the contract;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
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 after delivery are by their nature irrevocably mixed with other products;
Alcoholic beverages, the price of which has been agreed upon at the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, magazines or journals, except subscriptions thereto;
The delivery of digital content other than on a tangible medium, but only if:
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 validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, will be mentioned with the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and: They are the result of statutory regulations or provisions; Or the consumer has the power to terminate the contract by the day on which the price increase takes effect.
Any discount code is a gesture and therefore usually cannot be combined with another discount code.
The prices mentioned in the offer of products or services include VAT.
Article 12 - Conformity and Warranty
The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
An arrangement offered as a guarantee by the trader, manufacturer or importer shall not affect the rights and claims the consumer may exercise against the trader in respect of a shortcoming in the fulfilment of the trader's obligations under the law and/or the distance contract.
Article 13 - Delivery and execution
The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in Article 4 of these General Conditions, the company will execute accepted orders expeditiously but not later than 30 days unless a longer delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this at the latest one month after he has placed the order. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of return shipment shall be borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
Article 14 - Duration transactions: duration, termination and renewal
The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
The consumer may enter into the agreements mentioned in the previous paragraphs:
Cancel at any time and not be limited to cancellation at a particular time or in a particular period;
At least terminate in the same manner as they were entered into by him;
Always terminate with the same notice period as the entrepreneur has stipulated for himself.
A contract entered into for a definite period of time and which is for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this renewed contract towards the end of the extension with a notice of up to one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be extended tacitly for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month. The notice period is up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness dictate against termination before the end of the agreed term.
Article 15 - Payment
Insofar as not otherwise agreed upon, the amounts owed by the consumer should be paid within fourteen days after delivery of the goods or in case of a contract to provide a service, within 14 days after issuance of the documents relating to this contract.
When selling products to consumers, general terms and conditions may never stipulate an advance payment in excess of 50%. If an advance payment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
In the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 16 - Complaints procedure
The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
Article 17 - Intellectual property
The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions regarding the products and/or regarding the Internet site are vested in Q-LINN BV, its suppliers or other claimants.
17.1. These web stores are protected by copyright in their entirety, including naming, design, layout and text. Nothing from these websites (webshops) may be used for other websites and/or other purposes without written permission from Q-LINN BV.
17.2 All images/photos, which are/are shown on our web stores are copyrighted. A copyright applies. Wherever you have come across the image, digital or analogue, on the internet or in paper advertising, images produced by others are at all times protected by copyright and should not be used (digitally or analogue, and in any form) without the prior written permission of Q-LINN BV
If you do use the images/photos from this web store (site) without written permission, you will be asked to stop displaying/using the images/photos and in addition you will receive an immediate damage claim.
Article 18 - Personal data
"The personal and/or business data processed by [name of Customer] in the course of its business is used (in part) by it or by third parties to whom the claims are assigned (transferred) for or with:
(a) risk analyses
(b) the prevention, detection, and suppression of fraud or irregularities"
Article 19 - Applicable law and competent court
All offers of our webshops, its agreements and their implementation are exclusively governed by Dutch law. Applicability of the Vienna Sales Convention is expressly excluded.
Article 20 - Links
Our web store (website) may contain advertisements from third parties or links to other sites. We have no influence on, and are not responsible for, the privacy policies of these third parties or their sites.
Article 21 - Your rights
You can always ask one of our web stores what data about you is being processed. To this end, you can send an e-mail message. You can also ask us by e-mail to make improvements, additions or other corrections, which we will process as soon as possible. If you no longer wish to receive information, please let us know. Information is only sent to you if you have provided your e-mail address for this purpose.
Article 22 - Additional or different provisions
Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.
Annex I - Model withdrawal form
Model withdrawal form
(complete and return this form only if you wish to withdraw from the agreement)
To: [ name of business owner]
[ geographic address entrepreneur]
[ fax number of business owner, if available]
[ email address or electronic address of business owner]
I/We* hereby inform* you that I/We* have renegotiated our agreement regarding
The sale of the following products: [product designation]*
the delivery of the following digital content: [designation of digital content]*
The provision of the following service: [designation of service]*,
Ordered on*/received on* [date of order for services or receipt for products].
[Name of consumer(s)]
[Signature of consumer(s)] (only when this form is submitted on paper)
* Strike out what does not apply or fill in what applies.