Terms and Conditions

Table of contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Consumer's obligations during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and associated costs
Article 9 - Entrepreneur's obligations upon withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and performance
Article 14 - Continuous contracts: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Additional contract: a contract whereby 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 entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
2. Reflection period: the period during which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuous contract: a contract aimed at the regular supply of goods, services and/or digital content over a certain period;
7. Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's ability to cancel the distance contract within the reflection period;
9. Entrepreneur: the natural or legal person who 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 entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, where up to and including the conclusion of the contract, one or more distance communication techniques are used exclusively or partly;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms; Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order;
12. Distance communication technique: means that can be used to conclude a contract without the consumer and entrepreneur having to be present in the same space at the same time.

Article 2 - Identity of the entrepreneur

Entrepreneur's name: Fight2Win (part of 3rd Millennium BV)

Business address:
NEW LOCATION
Steur 5
2742ZW Waddinxveen

Phone: 0102263868

Email address: Contact form

Chamber of Commerce Rotterdam: 24294910
VAT number: NL814687428B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur 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 entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, contrary to 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 it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs two and three apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

Article 4 - The offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. 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 truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer.

Article 5 - The contract

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur shall 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.
4. Within legal frameworks, the entrepreneur may verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation to refuse the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur shall provide the following information to the consumer no later than upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
   • the visiting address of the entrepreneur’s establishment where the consumer can address complaints;
   • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   • information about guarantees and existing after-sales service;
   • the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance agreement;
   • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
   • if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

For products:

1. The consumer can cancel an agreement regarding the purchase of a product within a reflection period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for cancellation but may not require the consumer to provide their reason(s).
2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
   • if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided the consumer was clearly informed of this prior to the ordering process.
   • if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
   • for agreements for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.

For services and digital content not delivered on a tangible medium:

3. The consumer can cancel a service agreement and an agreement for the supply of digital content not delivered on a tangible medium within 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for cancellation but may not require the consumer to provide their reason(s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services, and digital content not supplied on a tangible medium if no information about the right of withdrawal is provided:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.
6. If the entrepreneur has 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

1. During the reflection period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
2. The consumer is only liable for depreciation of the product 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 depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the conclusion of the agreement.

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

1. If the consumer exercises their right of withdrawal, they notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period in any case if they return the product before the reflection period has expired.
3. The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the return costs.
6. If the consumer withdraws after expressly requesting that the execution of the service or the delivery of gas, water, or electricity that has not been made ready for sale in a limited volume or quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to the part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer bears no costs for the execution of services or the delivery of water, gas, or electricity that has not been made ready for sale in a limited volume or quantity, or for the delivery of district heating, if:
   • the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form; or
   • the consumer has not expressly requested the start of the service or delivery of gas, water, electricity, or district heating during the reflection period.
8. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
   • he has not expressly agreed prior to delivery to begin fulfilling the contract before the end of the reflection period;
   • he has not acknowledged losing his right of withdrawal by granting his consent; or
   • the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all additional agreements are automatically dissolved.

Article 9 - Obligations of the entrepreneur upon withdrawal

1. If the entrepreneur enables the consumer to notify the withdrawal electronically, he shall immediately send a confirmation of receipt after receiving this notification.
2. The entrepreneur reimburses 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 entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or the consumer has demonstrated that he has sent the product back, whichever occurs first.
3. The entrepreneur uses the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal;

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this at the offer, at least in time before concluding the agreement:

1. Products or services whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood as a sales method whereby 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 supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
3. Service agreements, after full performance of the service, but only if:
   • the execution has started with the express prior consent of the consumer; and
   • the consumer has declared that they lose their right of withdrawal as soon as the entrepreneur has fully performed the agreement;
4. Package tours as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
5. Service agreements for the provision of accommodation, if a specific date or period of performance is provided in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
6. Agreements related to leisure activities, if a specific date or period of performance is provided in the agreement;
7. Products manufactured according to consumer specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or that 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 health protection or hygiene reasons and whose seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery due to their nature;
11. Alcoholic beverages for which the price was agreed upon when concluding the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
12. Sealed audio, video recordings, and computer software, where the seal has been broken after delivery;
13. Newspapers, magazines, or periodicals, except for subscriptions to these;
14. The delivery of digital content other than on a tangible medium, but only if:
    • the execution has started with the express prior consent of the consumer; and
    • the consumer has declared that they thereby lose their right of withdrawal.

Article 11 - The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices are 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 legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
   • these are the result of legal regulations or provisions; or
   • the consumer has the right to terminate the agreement from the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 - Performance of the agreement and additional warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. Additional warranty means any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to in case of failure to fulfill their part of the agreement.

Article 13 - Delivery and execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address the consumer has made known to the entrepreneur.
3. Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but 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 partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After termination in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.
5. 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 known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, termination, and extension

Termination:

1. The consumer can terminate an open-ended agreement that involves 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 can terminate a fixed-term agreement that involves the regular delivery of products (including electricity) or services at any time at 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 can terminate the agreements mentioned in the previous paragraphs:
   • terminate at any time and not be limited to termination at a specific time or within a certain period;
   • at least terminate in the same manner as they were entered into by the entrepreneur;
   • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

1. An agreement entered into for a fixed term for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
2. Contrary to the previous paragraph, an agreement entered into for a fixed term for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a fixed term for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is at most three months if the agreement concerns the regular delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or introductory period.

Duration:

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement 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 15 - Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be required in general terms and conditions to prepay more than 50%. When prepayment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed prepayment has been made.
3. The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
4. If the consumer does not meet their payment obligation(s) on time, after being notified by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still fulfill their payment obligations, the consumer owes statutory interest on the outstanding amount if payment is not made within this 14-day period. The entrepreneur is also entitled to charge the extrajudicial collection costs 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 next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages to the consumer’s advantage.

Article 16 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period 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 entrepreneur’s service can also be submitted via a contact form on the consumer page of the Fight2Win website. The complaint will then be sent to both the relevant entrepreneur and Fight2Win.
5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
2. Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements related to products and services to be delivered or delivered by this entrepreneur may, subject to the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Thuiswinkel, P.O. Box 90600, 2509 LP The Hague (www.sgc.nl).
3. A dispute will only be taken up by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
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 filed the complaint with the entrepreneur.
5. When the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first notifies the entrepreneur.
6. When the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must, within five weeks after a written request by the entrepreneur to that effect, declare in writing whether they also wish this or prefer to have the dispute handled by the competent court. If the entrepreneur does not receive the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
7. The Disputes Committee issues rulings under the conditions established in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of binding advice.
8. The Disputes Committee will not handle or will cease handling a dispute if the entrepreneur has been granted suspension of payment, has been declared bankrupt, or has effectively ceased business activities before a dispute has been handled by the committee at a hearing and a final ruling has been made.
9. If, besides the Home Shopping Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Home Shopping Disputes Committee shall preferably be competent for disputes mainly concerning the method of remote sales or services. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid shall be competent.

Article 18 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.