TERMS & CONDITIONS

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

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 cooling-off period
Article 8 – Exercise of the right of withdrawal and its costs
Article 9 – Entrepreneur's obligations on withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – Price
Article 12 – Performance and extended warranty
Article 13 – Delivery and performance
Article 14 – Continuous contracts: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure

Article 1 – Definitions

In these terms:

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 on the basis of an arrangement between that third party and the entrepreneur;
2. Cooling-off period: the period within which the consumer can exercise his 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 for regular supply of goods, services and/or digital content over a specific period;
7. Durable data carrier: any means – including e-mail – that enables the consumer or entrepreneur to store information addressed to them personally in such a way as to allow future consultation or use for a period suited to the purpose of the information and to enable unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's right to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;
10. Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organised distance sales scheme for products, digital content and/or services, whereby only or partly remote communication techniques are used up to and including the conclusion of the contract;
11. Model withdrawal form: the European model withdrawal form contained in Annex I to these terms; Annex I need not be provided if the consumer has no right of withdrawal for their order;
12. Remote communication technique: means that can be used for the conclusion of a contract without the consumer and entrepreneur having to be present in the same place at the same time.

Article 2 – Identity of the entrepreneur

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

Registered address:
Kaskinenweg 7
9723 JL Groningen

Telephone: +31 85 06 06 340

Availability:
Monday to Friday 09:00 - 17:00

E-mail address: kundeservice@thefightcompany.dk

Chamber of Commerce number: 83630562
VAT number: NL862940369B01

Article 3 – Applicability

1. These general terms and conditions apply to any offer by the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur and that they will be sent to the consumer free of charge upon request as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding 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 by electronic means in such a way that the consumer can easily save it to a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge by electronic means or otherwise upon 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 shall apply accordingly and 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 shall contain a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a truthful representation of the offered products, services and/or digital content. Obvious errors or obvious omissions in the offer do not bind the entrepreneur.
3. Each offer shall contain such information that it is clear to the consumer what rights and obligations are connected to accepting the offer.

Article 5 – The contract

1. The contract is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur shall implement appropriate technical and organisational measures to secure electronic data transmission and shall provide a secure web environment. If the consumer can pay electronically, the entrepreneur shall implement appropriate security measures.
4. Within legal limits, the entrepreneur may establish whether the consumer can meet their payment obligations and may obtain all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or request or attach special conditions to its performance.
5. The entrepreneur shall send the following information to the consumer no later than at delivery of the product, service or digital content, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

• • the business address of the entrepreneur's establishment where the consumer can submit complaints;
  • the conditions and 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 manner of payment, delivery or performance of the distance contract;
  • the requirements for termination of the contract if it is for a period of more than one year or of indefinite duration;
  • if the consumer has a right of withdrawal, the model withdrawal form.

1. In the case of a continuous contract, the provision in the previous paragraph shall only apply to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may withdraw from a product purchase contract within a cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but may not require the consumer to provide it.
2. The cooling-off period referred to 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 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 dates, provided they have clearly informed the consumer of this before the ordering process.
  • if the delivery of a product consists of multiple shipments or parts: the day the consumer, or a third party designated by them, received the last shipment or last part;
  • for contracts for regular supply of products over a set period: the day the consumer, or a third party designated by them, received the first product.

For services and digital content not supplied on a physical carrier:

1. The consumer may withdraw from a service contract and a contract for supply of digital content not supplied on a physical carrier within 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but may not require the consumer to provide it.
2. The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the contract.

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

1. If the entrepreneur 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 entrepreneur provides the information referred to in the previous paragraph to the consumer within twelve months of the beginning of the original cooling-off period, the cooling-off period expires 14 days after the day the consumer received that information.

Article 7 – Consumer's obligations during the cooling-off period

1. During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle is that the consumer may only handle and inspect the product as they would be permitted to do in a shop.
2. The consumer is only liable for any diminution in value of the product that results from handling beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminution in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the time of conclusion of the contract.

Article 8 – Exercise of the right of withdrawal and its costs

1. If the consumer wishes to exercise their right of withdrawal, they shall notify the entrepreneur 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 of the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product. The consumer shall have complied with the return period in any case if they return the product before the cooling-off period has expired.
3. The consumer shall return the product with all accessories supplied, where reasonably possible in 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 shall bear 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 it will bear the costs, the consumer is not required to pay for return shipping.
6. If the consumer withdraws after first expressly requesting that performance of the service or supply of gas, water or electricity not made available for sale in a limited volume or specified quantity begins during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to that part of the obligation performed by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
7. The consumer shall incur no costs for the performance of services or the supply of water, gas or electricity not made available for sale in a limited volume or quantity, or for district heating, if:

• • the entrepreneur has not provided the legally required information about the right of withdrawal, the costs of withdrawal or the model withdrawal form; or
  • the consumer has not expressly requested the service or supply of gas, water, electricity or district heating to begin during the cooling-off period.

1. The consumer shall incur no costs for the full or partial supply of digital content not supplied on a physical carrier, if:

• • they have not expressly agreed to the performance of the contract before the end of the cooling-off period;
  • they have not acknowledged losing their right of withdrawal upon giving this consent; or
  • the entrepreneur has failed to confirm this statement from the consumer.

1. If the consumer exercises their right of withdrawal, all additional contracts shall be terminated by operation of law.

Article 9 – Entrepreneur's obligations on withdrawal

1. If the entrepreneur allows the consumer to notify withdrawal by electronic means, the entrepreneur shall send a receipt of this notification immediately upon receipt.
2. The entrepreneur shall refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay but within 14 days of the day the consumer notifies the entrepreneur of the withdrawal. Unless the entrepreneur has offered to collect the product, the entrepreneur may wait to refund until they have received the product or until the consumer has demonstrated that they have returned the product, whichever occurs first.
3. The entrepreneur shall use the same payment method 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 method of delivery than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs of 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 stated this clearly in the offer, or at least in good time before the conclusion of the contract:

1. Products or services whose price is linked to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Contracts concluded at a public auction. A public auction is a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is present in person or has the opportunity to be present in person at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after complete performance of the service, but only if:

• • performance has begun with the express prior consent of the consumer; and
  • the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the contract;

1. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
2. Service contracts for the provision of accommodation, if the contract specifies a particular date or period of performance and other than for residential purposes, goods transport, car rental and catering;
3. Contracts concerning leisure activities, if the contract specifies a particular date or period of performance;
4. Products manufactured to the consumer's specifications that are not pre-fabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
5. Products that spoil quickly or have a limited shelf life;
6. Sealed products that are not suitable for return for health or hygiene reasons and whose seal has been broken after delivery;
7. Products that after delivery are irretrievably mixed with other products by their nature;
8. Alcoholic beverages whose price was agreed upon at the time of conclusion of the contract, but delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
9. Sealed audio, video recordings and computer software whose seal has been broken after delivery;
10. Newspapers, magazines or periodicals, except subscriptions;
11. Supply of digital content other than on a physical carrier, but only if:

• • performance has begun with the express prior consent of the consumer; and
  • the consumer has declared that they lose their right of withdrawal.

Article 11 – Price

1. During the period of validity stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to financial market fluctuations over which the entrepreneur has no influence at variable prices. This link to fluctuations and the fact that any stated prices are indicative shall be mentioned in the offer.
3. Price increases within 3 months of conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

• • they result from statutory regulations or provisions; or
  • the consumer has the right to terminate the contract effective on the date the price increase takes effect.

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

Article 12 – Performance and extended warranty

1. The entrepreneur warrants that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of fitness and/or usability and the statutory regulations and/or government requirements in force at the time of conclusion of the contract. If agreed, the entrepreneur also warrants that the product is suitable for purposes other than normal use.
2. An extended warranty provided by the entrepreneur, their supplier, manufacturer or importer shall never limit the legal rights and claims the consumer may assert against the entrepreneur if the entrepreneur has failed to perform their part of the contract.
3. Extended warranty means any obligation of the entrepreneur, their supplier, importer or manufacturer whereby they grant the consumer certain rights or claims that go beyond what they are legally required to provide if they have failed to perform their part of the contract.

Article 13 – Delivery and performance

1. The entrepreneur shall exercise the utmost care in receiving and executing product orders and in assessing requests for services.
2. The place of delivery shall be the address the consumer has given to the entrepreneur.
3. With due regard to what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders promptly but no later than 30 days after the order is placed, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed in full or 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 dissolve the contract without cost and is entitled to any damages.
4. Upon dissolution in accordance with the previous paragraph, the entrepreneur shall immediately refund any amount paid by the consumer.
5. The risk of damage to and/or loss of products lies with the entrepreneur until delivery to the consumer or a pre-designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Continuous contracts: duration, termination and renewal

Termination:

1. The consumer may terminate a contract concluded for indefinite duration involving regular delivery of products (including electricity) or services at any time, observing any agreed termination terms and a termination period of no more than one month.
2. The consumer may terminate a contract concluded for a definite period involving regular delivery of products (including electricity) or services at any time against the end of the definite duration, observing any agreed termination terms and a termination period of no more than one month.
3. The consumer may terminate the contracts mentioned in the previous paragraphs:

• • at any time without being restricted to termination at a particular time or in a particular period;
  • at least in the same manner as they were concluded;
  • always with the same termination period as the entrepreneur has agreed for themselves.

Renewal:

1. A contract concluded for a definite period involving regular delivery of products (including electricity) or services shall not be tacitly renewed or extended for a definite period.
2. Notwithstanding the previous paragraph, a contract concluded for a definite period involving regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite period of no more than three months, provided that the consumer may terminate the renewed contract at the end of the renewal with a termination period of no more than one month.
3. A contract concluded for a definite period involving regular delivery of products or services may only be tacitly renewed for indefinite duration if the consumer may terminate at any time with a termination period of no more than one month. The termination period is no more than three months in the case of a contract for regular delivery, but less frequently than once a month, of daily, news and weekly newspapers and magazines.
4. A contract of limited duration for regular trial or introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

Duration:

1. 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 termination period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise determined in the contract or additional conditions, amounts owed by the consumer shall be paid within 14 days after the cooling-off period begins, or in the absence of a cooling-off period within 14 days after the contract is concluded. In the case of a service contract, this period begins on the day after the consumer receives confirmation of the contract.
2. In the sale of products to consumers, the consumer may never be required in general terms to pay in advance more than 50%. If payment in advance has been agreed, the consumer has no rights regarding the performance of the relevant order or service(s) until the agreed advance payment has been made.
3. The consumer has the obligation to immediately notify the entrepreneur of any inaccuracies in payment details provided or stated.
4. If the consumer fails to pay on time, after the entrepreneur has informed the consumer of late payment and given the consumer 14 days to fulfill their payment obligations, failure to pay within this 14-day period renders the consumer liable for statutory interest on the outstanding amount and entitles the entrepreneur to claim out-of-court collection costs. These collection costs are: 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 in the consumer's favour.

Article 16 – Complaints procedure

1. The entrepreneur has a properly publicised complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about contract performance must be submitted to the entrepreneur in full and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur shall be answered within 14 days counted from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within the 14-day period with a receipt of the complaint and an indication of when the consumer can expect a more detailed response.
4. The consumer shall give the entrepreneur at least 4 weeks to resolve the complaint through mutual agreement. After this period, a dispute arises that is subject to dispute resolution.