Terms and Conditions

Table of contents:

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Consumer’s obligations during the withdrawal period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Trader’s obligations in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and performance
Article 14 - Contracts of indefinite duration: term, cancellation and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions

Article 1 - Definitions

For the purposes of these terms and conditions:

1. Supplementary contract: a contract under which 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 trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Contract of indefinite duration: a contract that provides for the regular supply of goods, services and/or digital content over a specified period;
7. Durable medium: any tool—including email—that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period suited to the purpose for which the information is intended, and that enables unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the withdrawal period;
9. Trader: the natural person or legal entity that is a member of Fight2Win and offers products, (access to) digital content and/or services remotely to consumers;
10. Distance contract: a contract concluded between the trader and the consumer under an organized system for the distance sale of products, digital content and/or services, using one or more means of communication at a distance exclusively or partly up to and including the conclusion of the contract;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions; Annex I does not have to be made available if the consumer has no right of withdrawal regarding their order;
12. Means of communication at a distance: a means that can be used to conclude a contract without the consumer and the trader having to be in the same place at the same time.

Article 2 - Identity of the trader

Trader’s name: Fight2Win (part of 3rd Millennium BV)

Registered address:
NEW LOCATION
Steur 5
2742ZW Waddinxveen

Telephone: 0102263868

Email address: Contact form

Rotterdam Chamber of Commerce: 24294910
VAT number: NL814687428B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. 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 viewed at the trader’s premises and that, at the consumer’s request, they will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, unlike 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 save it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that, at the consumer’s request, they will be sent free of charge electronically or by other means.
4. If, in addition to these general terms and conditions, specific product or service terms and conditions apply, paragraphs 2 and 3 shall 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 them.

Article 4 – The offer

1. If an offer has a limited validity period or is subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these must be a truthful representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the trader.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 – The contract

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out with it.
2. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the trader, the consumer may terminate the contract.
3. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for that purpose.
4. Within the statutory limits, the trader may ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has sound grounds not to enter into the contract, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to its execution.
5. The trader shall provide the consumer, at the latest upon delivery of the product, service or digital content, with the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:
   • the address of the trader’s business premises where the consumer can submit complaints;
   • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
   • information about guarantees and existing after-sales service;
   • the price of the product, service or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
   • the requirements for terminating the contract if the contract has a term of more than one year or is of indefinite duration;
   • if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing-performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may cancel a contract concerning the purchase of a product during a cooling-off period of 14 days without giving any reason. The trader may ask the consumer about the reason for cancellation, but may not require the consumer to state their reason(s).
2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, received the product, or:
   • if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse an order for several products with different delivery times, provided that the trader clearly informed the consumer of this before the ordering process.
   • if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or part;
   • for contracts involving the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product.

for services and digital content not supplied on a tangible medium:

3. The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium within 14 days without giving any reason. The trader may ask the consumer about the reason for cancellation, but may not require the consumer to state their reason(s).
4. The withdrawal period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended withdrawal period for products, services and digital content not supplied on a tangible medium when the consumer has not been informed about the right of withdrawal:

5. If the trader did not provide the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period shall expire twelve months after the end of the original withdrawal period established in accordance with the preceding paragraphs of this article.
6. If the trader provided the consumer with the information referred to in the preceding paragraph within twelve months of the start of the original withdrawal period, the withdrawal period shall expire 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the withdrawal period

1. During the withdrawal period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to establish its nature, characteristics and operation. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
2. The consumer is only liable for any reduction in the product’s value resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in the product’s value if the trader did not provide them with all legally required information about the right of withdrawal before or at the time the agreement was concluded.

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

1. If the consumer exercises their right of withdrawal, they shall notify the trader within the withdrawal period by means of the model withdrawal form or in another unequivocal manner.
2. 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 trader (or an authorised representative of the trader). This is not required if the trader has offered to collect the product. The consumer has in any event observed the return period if they return the product before the withdrawal period has expired.
3. The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer shall bear the direct costs of returning the product. If the trader has not informed the consumer that these costs must be borne by the consumer, or if the trader states that it will bear the costs itself, the consumer shall not bear the return costs.
6. If the consumer withdraws after first expressly requesting that performance of the service or supply of gas, water or electricity that is not prepared for sale in a limited volume or specified quantity begin during the withdrawal period, the consumer shall owe the trader an amount proportionate to the part of the obligation performed by the trader at the time of withdrawal, compared with full performance of the obligation.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or specified 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, reimbursement of costs upon withdrawal or the model withdrawal form; or
   • the consumer has not expressly requested that performance of the service or supply of gas, water, electricity or district heating begin during the withdrawal period.
8. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
   • the consumer has not expressly consented, before delivery, to the agreement being performed before the end of the withdrawal period;
   • the consumer has not acknowledged losing the right of withdrawal upon giving consent; or
   • the trader has failed to confirm this statement by the consumer.
9. If the consumer exercises the right of withdrawal, all supplementary agreements shall be terminated by operation of law.

Article 9 – Trader’s obligations in the event of withdrawal

1. If the trader provides the option for the consumer to notify withdrawal electronically, the trader shall promptly send an acknowledgement of receipt after receiving the notification.
2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and in any event no later than 14 days after the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product, the trader may wait with reimbursement until the product has been received or until the consumer demonstrates that the product has been returned, whichever occurs first.
3. The trader uses the same payment method for the refund as the consumer used, unless the consumer agrees to another method. The refund is free of charge to the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader does not have to reimburse the additional costs for 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 when making the offer or, at the latest, in good time before concluding the contract:

1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period
2. Contracts concluded at a public auction. A public auction means a sales method 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 supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after the service has been fully performed, but only if:
   • performance has begun with the consumer’s express prior consent; and
   • the consumer has stated that they lose their right of withdrawal once the trader has fully performed the contract;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
5. Contracts for the provision of accommodation, if the contract provides for a specific date or period for their performance and the accommodation is for purposes other than residential purposes, as well as contracts for goods transport, car rental services and catering;
6. Contracts relating to leisure activities, if the contract provides for a specific date or period for their performance;
7. Products manufactured according to the consumer’s specifications, which are not prefabricated and are manufactured based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that, after delivery, by their nature become irrevocably mixed with other products;
11. Alcoholic beverages whose price was agreed when the agreement was concluded, but whose delivery can only take place after 30 days and whose actual value depends on fluctuations in the market over which the trader has no influence;
12. Sealed audio or video recordings and computer software, where the seal has been broken after delivery;
13. Newspapers, periodicals or magazines, except for subscriptions to them;
14. 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 they thereby lose their right of withdrawal.

Article 11 – The price

1. 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.
2. By way of derogation from the previous paragraph, the trader may offer products or services at variable prices when those prices are tied to fluctuations in the financial market over which the trader has no influence. This link to fluctuations and the fact that any prices stated are indicative prices are mentioned in the offer.
3. Price increases within 3 months after the agreement was concluded are permitted only if they result from statutory regulations or provisions.
4. Price increases from 3 months after the agreement was concluded are permitted only if the trader has stipulated this and:
   • this results from statutory regulations or provisions; or
   • the consumer has the right to terminate the agreement from the day on which the price increase takes effect.
5. The prices of the products or services stated in the offer include VAT.

Article 12 – Fulfilment of the agreement and additional guarantee

1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
2. An additional guarantee provided by the trader, the trader’s supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to fulfil its part of the agreement.
3. An additional guarantee means any undertaking by the trader, the trader’s supplier, importer or producer whereby the consumer is granted certain rights or claims that go beyond what they are legally required to provide if they have failed to perform their part of the agreement.

Article 13 – Delivery and performance

1. The trader shall exercise the utmost care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
2. The delivery address shall be the address provided by the consumer to the trader.
3. Subject to the provisions of Article 4 of these general terms and conditions, the trader shall process accepted orders with due haste and no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer shall be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without charge and to claim any compensation.
4. Following termination in accordance with the preceding paragraph, the trader shall promptly refund the amount paid by the consumer.
5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 – Continuing transactions: term, termination and renewal

Termination:

1. The consumer may terminate an agreement concluded for an indefinite term and intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement concluded for a fixed term and intended for the regular delivery of products (including electricity) or services at any time before the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the preceding paragraphs:
   • cancel at any time and not be limited to cancellation at a specific time or during a specific period;
   • at least cancel in the same manner in which they entered into it;
   • always cancel with the same notice period as the business has stipulated for itself.

Renewal:

1. An agreement concluded for a fixed term that provides for the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed term.
2. By way of derogation from the previous paragraph, an agreement concluded for a fixed term that provides for the regular delivery of daily, news and weekly newspapers and magazines may be automatically renewed for a fixed term of no more than three months if the consumer may cancel the renewed agreement at the end of the renewal period with a notice period of no more than one month.
3. An agreement concluded for a fixed term that provides for the regular delivery of products or services may be automatically renewed for an indefinite term only if the consumer may cancel it at any time with a notice period of no more than one month. The notice period may be no more than three months if the agreement provides for the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
4. An agreement for a limited term concerning the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.

Term:

1. If an agreement has a term of more than one year, the consumer may cancel the agreement at any time after one year, subject to a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed term.

Article 15 – Payment

1. Unless otherwise stipulated in the agreement or additional terms and conditions, amounts owed by the consumer must be paid within 14 days after the withdrawal period begins, or, if there is no withdrawal period, within 14 days after the agreement is concluded. In the case of an agreement for the provision of a service, this period begins on the day after the consumer receives confirmation of the agreement.
2. When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. If advance payment has been agreed, the consumer may not assert any rights concerning the performance of the relevant order or service(s) until the agreed advance payment has been made.
3. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the business without delay.
4. If the consumer fails to meet their payment obligation(s) on time, then, after the business has notified them of the late payment and granted the consumer a period of 14 days to meet their payment obligations alsnog, upon failure to pay within this 14-day period, they will owe statutory interest on the outstanding amount and the business will be entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the following € 5,000, with a minimum of € 40. The business may deviate from these amounts and percentages in the consumer’s favor.

Article 16 – Complaints Procedure

1. The business has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the business in full and clearly described within a reasonable period after the consumer has discovered the defects.
3. Complaints submitted to the business will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the business will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint about a product, service, or the business’s service can also be submitted via a contact form on the consumer page of the Fight2Win website. The complaint will then be sent both to the relevant business and to Fight2Win.
5. The consumer must give the business at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is eligible for the dispute resolution procedure.

Article 17 – Disputes

1. Agreements between the business and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between the consumer and the business concerning the conclusion or performance of agreements relating to products and services to be supplied or supplied by this business may, subject to the provisions below, be submitted by either the consumer or the business to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP The Hague (www.sgc.nl).
3. The Disputes Committee will consider a dispute only if the consumer has first submitted their complaint to the trader within a reasonable period.
4. If the complaint does not lead to a solution, the dispute must be submitted in writing or in another form determined by the Committee to the Disputes Committee no later than 12 months after the date on which the consumer submitted the complaint to the trader.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. The consumer should preferably notify the trader of this first.
6. If the trader wishes to submit a dispute to the Disputes Committee, the consumer must state in writing, within five weeks of the trader’s written request to that effect, whether they also wish to do so or whether they want the dispute to be heard by the competent court. If the trader does not receive the consumer’s choice within the five-week period, the trader is entitled to submit the dispute to the competent court.
7. The Disputes Committee shall issue its decision subject to the conditions set out in the Disputes Committee’s regulations (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The Disputes Committee’s decisions are issued by way of binding advice.
8. The Disputes Committee will not consider a dispute, or will discontinue its consideration, if the trader has been granted a suspension of payments, has been declared bankrupt, or has effectively ceased its business activities before the dispute has been heard by the committee at a hearing and a final decision has been issued.
9. If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee or one affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Thuiswinkel Disputes Committee shall have preference for disputes primarily concerning the method of sale or the provision of services at a distance. The other recognized disputes committee or committee affiliated with SGC or Kifid shall have jurisdiction over all other disputes.

Article 18 – Supplementary or Deviating Provisions

Supplementary or deviating provisions from these general terms and conditions may not be to the consumer’s disadvantage and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.