TERMS & CONDITIONS

These Terms & Conditions of The Fight Company came into effect on 1 February 2019.

Table of contents:

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Consumer obligations during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Trader obligations upon withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – Price
Article 12 – Performance and additional warranty
Article 13 – Delivery and performance
Article 14 – Continuous transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure

Article 1 – Definitions

In these terms, the following terms are understood to mean:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these items, 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. Cooling-off period: the period during which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his commercial, business, craft or professional activities;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuous agreement: an agreement intended for the regular supply of goods, services and/or digital content over a specified period;
7. Durable medium: any means – including e-mail – that enables the consumer or trader to store information addressed to him personally in a way that allows for future consultation or use for a period suited to the purpose for which the information is intended, and that allows for unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's right to withdraw from the distance agreement within the cooling-off period;
9. Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance agreement: an agreement concluded between the trader and the consumer within an organised system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more distance communication techniques;
11. Model withdrawal form: the European model withdrawal form contained in Annex I of these terms; Annex I does not need to be made available if the consumer has no right of withdrawal in respect of his order;
12. Distance communication technique: a means that can be used to conclude an agreement without the consumer and trader needing to be present in the same place at the same time.

Article 2 – Identity of the trader

Trader name: The Fight Company
Trading as: TFC Trading Group B.V.

Address:
Helsingborgweg 1
9723 HN Groningen

Phone: +31 85 06 06 340

Available:
Monday to Friday 09:00 – 17:00

Email: klantenservice@thefightcompany.nl

Chamber of Commerce number: 83630562
VAT number: NL862940369B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer by the trader and to every distance agreement concluded between trader and consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the trader will indicate before the distance agreement is concluded how the general terms and conditions can be viewed at the trader and that they will be sent to the consumer free of charge at the consumer's request as soon as possible.
3. If the distance agreement is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that the consumer can easily save it to a durable medium. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge electronically or otherwise at the consumer's request.
4. In the event that specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer can always rely on the applicable provision that is most favourable to him.

Article 4 – The offer

1. If an offer has a limited validity period or is made subject to conditions, this is explicitly 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 allow the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 – The agreement

1. The agreement 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 trader immediately confirms receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures for this.
4. The trader may, within legal limits, inquire whether the consumer can meet his payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the trader has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request in a reasoned manner or to attach special conditions to the performance.
5. The trader will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that the consumer can save it in an accessible manner to a durable medium:

• • the business address of the trader's establishment where the consumer can lodge complaints;
  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
  • information about warranties 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 of indefinite duration;
  • if the consumer has a right of withdrawal, the model withdrawal form.

1. 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 withdraw from an agreement concerning the purchase of a product within a cooling-off period of 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to state his reason(s).
2. The cooling-off period mentioned in paragraph 1 begins 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 one order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this before the ordering process, refuse an order of multiple products with different delivery times.
  • if the delivery of a product consists of different 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;
  • for agreements for regular delivery of products over a specified 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 supplied on a physical medium:

1. The consumer can withdraw from a service agreement and an agreement for the supply of digital content not supplied on a physical medium within 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to state his reason(s).
2. The cooling-off period mentioned in paragraph 3 begins on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a physical medium if not informed about the right of withdrawal:

1. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.
2. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months from the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Consumer obligations during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and 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 principle is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for any diminution in value of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminution in value of the product if the trader has not provided him with all legally required information about the right of withdrawal before or when concluding the agreement.

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

1. If the consumer exercises his right of withdrawal, he notifies the trader of this within the cooling-off 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 authorised representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all supplied accessories, if reasonably possible in 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 lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs or if the trader indicates that he will bear the costs himself, the consumer does not have to bear the return costs.
6. If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or specified quantity begins during the cooling-off period, the consumer owes the trader an amount that is proportionate to that part of the obligation that the trader has performed at the time of withdrawal, compared to the full performance of the obligation.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that have not been made ready for sale in a limited volume or 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, the cost reimbursement upon withdrawal or the model withdrawal form, 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.

1. The consumer does not bear any costs for the full or partial supply of digital content not supplied on a physical medium, if:

• • he has not expressly agreed in advance to the commencement of the performance of the agreement before the end of the cooling-off period;
  • he has not acknowledged that he loses his right of withdrawal by giving his consent; or
  • the trader has failed to confirm this statement by the consumer.

1. If the consumer exercises his right of withdrawal, all additional agreements are automatically terminated.

Article 9 – Trader obligations upon withdrawal

1. If the trader makes it possible for the consumer to notify withdrawal electronically, he sends an immediate confirmation of receipt upon receipt of this notification.
2. The trader refunds all payments made by the consumer, including any delivery costs charged by the trader for the returned product, immediately but within 14 days from the day following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to refund until he has received the product or until the consumer has demonstrated that he has returned the product, whichever is earlier.
3. The trader 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 method of delivery than the cheapest standard delivery, the trader does not have to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

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

1. Products or services whose price is linked to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period
2. Agreements concluded at a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the trader to the consumer who is personally present or given 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;
3. Service agreements, after complete performance of the service, but only if:

• • the performance has begun with the express prior consent of the consumer; and
  • the consumer has declared that he loses his right of withdrawal once the trader has fully performed the agreement;

1. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
2. Service agreements for the provision of accommodation, if the agreement specifies a particular date or period of performance and is not for residential purposes, goods transport, car rental services and catering;
3. Agreements concerning leisure activities, if the agreement specifies a particular date or period of performance;
4. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
5. Products that spoil quickly or have a limited shelf life;
6. Sealed products that for reasons of health protection or hygiene are not suitable to be returned and whose seal has been broken after delivery;
7. Products that after delivery are irrevocably mixed with other products by their nature;
8. Alcoholic beverages whose price has been agreed upon when the agreement was concluded, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which the trader has no influence;
9. Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
10. Newspapers, magazines or periodicals, with the exception of subscriptions to these;
11. The supply of digital content other than on a physical medium, but only if:

• • the performance has begun with the express prior consent of the consumer; and
  • the consumer has declared that he loses his right of withdrawal by this.

Article 11 – Price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. By way of derogation from the previous paragraph, the trader can offer products or services whose prices are linked to fluctuations in the financial market and over which the trader has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are guide prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

• • they are the result of legal regulations or provisions; or
  • the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

1. The prices stated in the offer of products or services are inclusive of VAT.

Article 12 – Performance of agreement and additional warranty

1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with reasonable standards of quality and/or fitness for purpose and with the legal 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 warranty provided by the trader, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader if the trader has failed to perform his part of the agreement.
3. Additional warranty means any obligation of the trader, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has failed to perform his part of the agreement.

Article 13 – Delivery and performance

1. The trader will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the trader.
3. Subject to the provisions of Article 4 of these general terms and conditions, the trader will execute accepted orders promptly but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot be executed in full or in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without cost and is entitled to any compensation for damages.
4. After termination in accordance with the previous paragraph, the trader will immediately refund the amount paid by the consumer.
5. The risk of damage to and/or loss of products rests with the trader until delivery to the consumer or a pre-designated and known representative, unless expressly agreed otherwise.

Article 14 – Continuous transactions: duration, termination and renewal

Termination:

1. The consumer can terminate an agreement concluded for an indefinite period and intended for the regular supply of products (including electricity) or services at any time, subject to any agreed termination conditions and a notice period of no more than one month.
2. The consumer can terminate an agreement concluded for a fixed period and intended for the regular supply of products (including electricity) or services at any time at the end of the fixed period, subject to any agreed termination conditions and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:

• • at any time and not be limited to termination at a specific time or in a specific period;
  • at least in the same manner as they were concluded by him;
  • always with the same notice period as the trader has stipulated for himself.

Renewal:

1. An agreement concluded for a fixed period and intended for the regular supply of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
2. By way of derogation from the previous paragraph, an agreement concluded for a fixed period and intended for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
3. An agreement concluded for a fixed period and intended for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month. The notice period is no more than three months in the case of an agreement for the regular, but less than once a month, supply of daily, news and weekly newspapers and magazines.
4. An agreement of limited duration for the regular introductory supply of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

1. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed period.

Article 15 – Payment

1. Unless otherwise provided in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or if there is no cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins 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 to make advance payment of more than 50%. If advance payment has been agreed, the consumer cannot assert any rights regarding the performance of the relevant order or service(s) until the agreed advance payment has been made.
3. The consumer has a duty to immediately notify the trader of any inaccuracies in the payment information provided or stated.
4. If the consumer does not meet his payment obligation(s) on time, he is, after the trader has pointed out the late payment and the trader has given the consumer a period of 14 days to meet his payment obligations, after failure to pay within this 14-day period, liable for statutory interest on the outstanding amount and the trader is entitled to charge the out-of-court collection costs incurred by him. These collection costs are a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000 with a minimum of €40. The trader may deviate from these amounts and percentages in favour of the consumer.

Article 16 – Complaints procedure

1. The trader has a sufficiently publicised 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 trader within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response.
4. The consumer must give the trader at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to dispute resolution. The Dutch version of these terms and conditions is legally binding.