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03

Terms & conditions

The Terms and Conditions apply to sales through the official REV'IT! eStore at www.revitsport.com.

General Terms and Conditions - REV'IT! eStore Europe B.V.


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 revocation
Article 7 - Obligations of the consumer during the reconsideration period
Article 8 - Exercise of the right of revocation by the consumer and associated costs
Article 9 - Obligations of the entrepreneur in the event of revocation
Article 10 - Exclusion of right of revocation
Article 11 - The price
Article 12 - Compliance and additional guarantee
Article 13 - Delivery and implementation
Article 14 - Continuing performance contracts: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Supplementary or divergent provisions


Article 1 - Definitions
In these general terms and conditions, the following terms are defined as stated below:
1. Supplementary agreement: an agreement whereby the consumer purchases products, digital content and/or
services in connection with a distance contract and these items, digital content and/or services are supplied
by the entrepreneur or by a third party on the basis of an agreement between the third party and the
entrepreneur;
2. Reconsideration period: the period within which the consumer can make use of his right of revocation;
3. Consumer: the natural person who does not act for purposes that are connected with his trading, company,
occupational or professional activities;
4. Day: a calendar day;
5. Digital content: data that is produced and supplied in digital form;
6. Continuing performance contract: a contract that provides for the regular supply of items, services and/or
digital content during a specific period;
7. Long-term data carrier: any device, including email, that enables the consumer or entrepreneur to store
information that is personally directed to him in a way that allows future consultation or use during a period
that is aligned to the purpose for which the information is intended, and that enables unaltered
reproduction of the stored information;
8. Right of revocation: the possibility for the consumer to decide within the reconsideration period not to enter
into the distance contract;
9. Entrepreneur: the natural person or legal entity that remotely offers products, (access to) digital content
and/or services to consumers;
10. Distance contract: a contract that is entered into between the entrepreneur and the consumer in the context
of an organised system for the remote sale of products, digital content and/or services whereby, until the
contract is entered into, exclusive or partial use is made of one or more technologies for remote
communication;
11. Model form for revocation: the European model form for revocation included in Appendix I of these general
terms and conditions. Appendix I does not have to be made available if the consumer does not have a right
of revocation in respect of his order;
12. Technology for remote communication: a device that can be used for entering into a contract without the
consumer and the entrepreneur having to come together in the same place at the same time.


Article 2 - Identity of the entrepreneur
REV'IT! eStore Europe B.V
Location and visiting address: Reggestraat 17, 5347 JG Oss, the Netherlands
Telephone number in the Netherlands: +31 412 696 710
Opening hours: Monday to Friday from 9:00 AM to 5:30 PM.
E-mail: customerservice@revitsport.com
Chamber of Commerce number: 62908626
VAT identification number: 855008854B01


If the activity of the entrepreneur is subject to a relevant licensing system: the details of the supervisory
authority.


If the entrepreneur practises a regulated profession:
- the professional association or organisation of which he is a member;
- the professional title, the location in the EU or the European Economic Area in which this is granted;
- a reference to the professional rules that are applicable in the Netherlands and instructions regarding where
and how these professional rules are accessible.


Article 3 - Applicability
1. These general terms and conditions are applicable to every offer by the entrepreneur and every distance
contract that comes about between the entrepreneur and the consumer.
2. The text of these general terms and conditions will be made available to the consumer before the distance
contract is entered into. If this is not reasonably possible, before the distance contract is entered into the
entrepreneur will state the manner in which the entrepreneur’s general terms and conditions can be
consulted, and that they will be provided as soon as possible, free of charge, at the consumer’s request.
3. If the distance contract is entered into electronically, in divergence from the foregoing paragraph and before
the distance contract is entered into the text of these general terms and conditions can be made available to
the consumer by electronic means in such a way that they can be stored by the consumer on a long-term
data carrier in a simple way. If this is not reasonably possible, before the distance contract is entered into it
will be stated where the general terms and conditions can be inspected by electronic means and that they
will be provided by electronic means or in another way, free of charge, at the consumer’s request.
4. In the event that specific product or service conditions are also applicable in addition to these general terms
and conditions, the second and third paragraphs are applicable mutatis mutandis, and in the event of
conflicting provisions the consumer can always invoke 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 under conditions, this will be explicitly stated in the offer.
2. The offer will include a full and detailed description of the products, digital content and/or services offered.
The description will be sufficiently detailed to enable a good evaluation of the offer by the consumer. If the
entrepreneur makes use of images, these will be a faithful representation of the products, services and/or
digital content offered. Manifest errors or faults in the offer are not binding upon the entrepreneur.
3. Every offer will contain such information that the rights and obligations that are connected with the
acceptance of the offer are clear to the consumer.


Article 5 - The agreement
1. The agreement comes about, subject to the provisions of paragraph 4, at the time of acceptance of the offer
by the consumer and the fulfilment of the conditions stipulated thereby.
2. If the consumer has accepted the offer by electronic means, the entrepreneur will confirm the receipt of the
acceptance of the offer by electronic means without delay. The consumer can terminate the agreement for
as long as the receipt of this acceptance is not confirmed by the entrepreneur.
3. If the agreement comes about by electronic means, the entrepreneur will take appropriate technical and
organisational measures for the protection of the electronic transfer of data, and will ensure a secure web
environment. If the consumer can pay by electronic means, the entrepreneur will observe appropriate
security measures in this respect.
4. The entrepreneur can, within legal bounds, investigate whether the consumer can fulfil his payment
obligations, as well as investigating all facts and factors that are of importance for a responsible execution
of the distance contract. If on the basis of this investigation the entrepreneur has good grounds not to enter
into the contract, he is entitled to refuse an order or request, or to attach special conditions to its
implementation, stating reasons.
5. No later than on the delivery of the product, the entrepreneur will send the consumer, in writing or in such a
way that it can be stored by the consumer on a long-term data carrier in an accessible manner, the following
information:
a. the visiting address of the location of the entrepreneur where the consumer can submit complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of
revocation, or a clear statement in respect of the exclusion of the right of revocation;
c. the information on guarantees and existing after-sales service;
d. the price, including all taxes, of the product, service or digital content, the costs of deliver insofar as
applicable, and the method of payment, delivery or implementation of the distance contract;
e. the requirements for cancellation of the contract if the contract has a duration of more than year or an
indefinite duration;
f. if the consumer has a right of revocation, the model form for revocation.
6. In the case of a continuing performance contract the provision in the foregoing paragraph is only applicable
to the first delivery.


Article 6 - Right of revocation
In the case of products:
1. The consumer can terminate an agreement in respect of the purchase of a product during a reconsideration
period of at least 14 days, without stating reasons. The entrepreneur may ask the consumer for the reason
for revocation, but may not oblige the consumer to state his reason(s).
2. The reconsideration period stated in paragraph 1 commences on the day that the consumer, or a third party
previously designated by the consumer, who is not the transporter, has received the product, or:
a. if the consumer has ordered multiple products in the same order, the day on which the consumer, or a
third party previously designated by him, has received the last product. The entrepreneur may refuse an
order for multiple products with different delivery times, provided that he has clearly informed the
consumer of this in advance.
b. if the delivery of a product consists of different consignments or components: the day on which the
consumer, or a third party designated by him, has received the last consignment or the last component;
c. in the case of agreements for regular delivery of products during a particular period: the day on which
the consumer, or a third party designated by him, has received the first product.


In the case of services and digital content that is not delivered on a material carrier:
3. The consumer can terminate a service agreement and an agreement for the delivery of digital content that is
not delivered on a material carrier for a minimum of 14 days, without stating reasons. The entrepreneur may
ask the consumer for the reason for revocation, but may not oblige the consumer to state his reason(s).
4. The reconsideration period stated in paragraph 3 commences on the day following the agreement having
been entered into.


Extended reconsideration period for products, services and digital content that is not delivered on a material
carrier if the consumer is not informed of the right of revocation:
5. If the entrepreneur has not provided the consumer with the legally required information concerning the right
of revocation, or has not provided the model form for revocation, then the reconsideration period ends
twelve months after the end of the original reconsideration period established in accordance with the
foregoing paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the foregoing paragraph
within twelve months of the commencement date of the original reconsideration period, the reconsideration
period ends 14 days after the day on which the consumer has received this information.


Article 7 - Obligations of the consumer during the reconsideration period
1. During the reconsideration period the consumer will handle the product and the packaging with care. He will
only unpack or use the product to the extent that is necessary to establish the nature, the characteristics
and the working of the product. The basic principle in this is that the consumer may only use and inspect
the product in such a way as he would be permitted to do so in a shop.
2. The consumer is only liable for depreciation of the product that is the consequence of a way of handling the
product that goes further than permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur did not provide him with all
the legally required information concerning the right of revocation before or at the time of entering into the
agreement.


Article 8 - Exercise of the right of revocation by the consumer and costs thereof
1. If the consumer makes use of his right of revocation, he will notify the entrepreneur of this by means of the
model form for revocation, or in another unambiguous manner.
2. The consumer will return the product as soon as possible, but within 14 days of the day following the
notification referred to in paragraph 1, or hand it over to (an authorised representative of) the entrepreneur.
This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any
event adhered to the return period if he returns the product before the reconsideration period has expired.
3. The consumer will return the product together with all supplied accessories, if reasonably possible in
original condition and in the original packaging, and in accordance with the reasonable and clear
instructions issued by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of revocation lie with the
consumer.
5. The consumer will bear the direct costs of the return of 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, then
the consumer does not have to bear the costs of returning the product.
6. If the consumer revokes the agreement after having first expressly requested that the performance of the
service or the supply of gas, water or electricity that have not been prepared for sale in a limited volume or
specific amount commences during the reconsideration period, then the consumer is liable to pay the
entrepreneur an amount that is proportional to that part of the obligation that was complied with by the
entrepreneur at the time of revocation in comparison with the full compliance of the obligation.
7. The consumer will not bear any costs for the performance of services or the supply of water, gas or
electricity, which have not been prepared for sale in a limited volume or specific amount, or for the supply of
district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information on the right of
revocation, the reimbursement of costs or the model form for revocation, or;
b. the consumer has not expressly requested that the performance of the service or the supply of gas,
water, electricity or district heating should commence during the reconsideration period.
8. The consumer will not bear any costs for the full or partial delivery of digital content that is not delivered on
a material carrier, if:
a. he has not expressly agreed to the commencement of the compliance with the agreement before the
end of the reconsideration period;
b. he has not acknowledged that he will lose his right of revocation on granting his consent;
c. the entrepreneur has omitted to confirm this statement by the consumer.
9. If the consumer makes use of his right of revocation, all supplementary agreements will be terminated by
operation of law


Article 9 - Obligations of the entrepreneur in the event of revocation
1. If the entrepreneur enables the notification of revocation by the consumer by electronic means, he will send
a confirmation of receipt without delay after receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged
by the entrepreneur for the returned product, without delay but within 14 days following the day on which
the consumer notifies him of the revocation. Unless the entrepreneur offers to collect the product himself,
he may delay repayment until he has received the product or until the consumer demonstrates that he has
returned the product, whichever is the earliest.
3. The entrepreneur will use the same payment method as the consumer has used, unless the consumer
consents to another method. The repayment 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
entrepreneur does not have to repay the additional costs for the more expensive method.


Article 10 - Exclusion of right of revocation
The entrepreneur can exclude the following products and services from the right of revocation, but only if the
entrepreneur has clearly stated this at the time of the offer, or in a timely manner before the agreement is
entered into:
1. Products or services whose price is connected with fluctuations on the financial market upon which the
entrepreneur has no influence and that can occur within the revocation period;
2. Agreements that are entered into during a public auction. A public auction is defined as a method of sale
whereby products, digital content and/or services are offered by the entrepreneur to the consumer, who is
present in person or is given the opportunity to be present in person at the auction, under the leadership of
an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or
services;
3. Service agreements, after the full performance of the service, but only if:
a. the performance has commenced with the express prior consent of the consumer, and;
b. the consumer has stated that he loses his right of revocation once the entrepreneur has fully executed
the agreement;
4. Package tours within the meaning of article 7:500 of the Dutch Civil Code and passenger transport
contracts;
5. Service agreements for the provision of accommodation, if a specific date or period of performance is stated
in the agreement and other than for residential purposes, goods transport, car hire services and catering;
6. Agreements in respect of leisure activities, if a specific date or period of performance is stated in the
agreement;
7. Products manufactured according to the specifications of the consumer, 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 individual;
8. Products that quickly spoil or have a limited storage life;
9. Sealed products that for reasons of health protection or hygiene are not suitable to be returned and the seal
of which is broken after delivery;
10. Products that after delivery are due to their nature irreversibly mixed with other products;
11. Alcoholic drinks the price of which is agreed on entering into the agreement, but the delivery of which can
only take place after 30 days, and the actual value of which is dependent on fluctuations on the market upon
which the entrepreneur has no influence;
12. Sealed audio and video recordings and computer software the seal of which is broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
14. The delivery of digital content other than on a material carrier, but only if:
a. the performance has commenced with the express prior consent of the consumer, and;
b. the consumer has stated that he hereby loses his right of revocation.


Article 11 - The price
1. The prices of the products and/or services offered will not be increased during the validity period stated in
the offer, except for price changes as a result of changes in VAT rates.
2. In divergence from the foregoing paragraph, the entrepreneur can offer products or services whose prices
are connected with fluctuations on the financial market and upon which the entrepreneur has no influence at
variable prices. This connection with fluctuations and the fact that any stated prices are indicative prices will
be stated with the offer.
3. Price increases within 3 months of the establishment of the agreement are only permitted if they are the
result of legal regulations or stipulations.
4. Price increases from 3 months after the establishment of the agreement are only permitted if the
entrepreneur has stipulated this and:
a. they are the result of legal regulations or stipulations; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price
increase becomes effective.
5. The prices stated in the offer of products or services are inclusive of VAT.


Article 12 - Compliance with the agreement and additional guarantee
1. The entrepreneur guarantees that the products and/or services are in accordance with the agreement, the
specifications stated in the offer, the reasonable standards of soundness and/or usability and the legal
stipulations and/or government regulations that are applicable on the date of the establishment of the
agreement. If so agreed, the entrepreneur also guarantees that the product is suitable for other than normal
use.
2. An additional guarantee issued by the entrepreneur, his supplier, manufacturer or importer will never limit
the legal rights and claims that the consumer can assert against the entrepreneur in pursuance of the
agreement if the entrepreneur has fallen short in the compliance with his side of the agreement.
3. An additional guarantee is defined as any obligation of the entrepreneur, his supplier, importer or
manufacturer that assigns particular rights or claims to the consumer that go further than that to which he
is legally obliged in the event that he has fallen short in the compliance with his side of the agreement.


Article 13 - Delivery and implementation
1. The entrepreneur will exercise the greatest possible care in the reception and implementation of orders of
products and in the evaluation of requests for the provision of services.
2. The address that the consumer has notified to the entrepreneur will apply as the delivery address.
3. Taking due regard of that which is stated in this respect in article 4 of these general terms and conditions,
the entrepreneur will implement accepted orders expeditiously, and no later than within 30 days, unless
another delivery period has been agreed. If the delivery is delayed, or if an order cannot be carried out, or
can only be partially carried out, the consumer will be informed of this no later than 30 days after he has
placed the order. In that case the consumer is entitled to terminate the agreement without any costs, and is
entitled to compensation where applicable.
4. After termination in accordance with the foregoing paragraph, the entrepreneur will repay the amount that
the consumer has paid without delay.
5. The risk of damage to and/or loss of products lies with entrepreneur until the time of delivery to the
consumer or a representative of the consumer designated and notified to the entrepreneur in advance,
unless expressly agreed otherwise.


Article 14 - Continuing performance contracts: duration, termination and extension
Termination:
1. The consumer can terminate an agreement that has been entered into for an indefinite period and that
provides for the regular supply of products (including electricity) or services at any time, with the observance
of termination regulations agreed to this purpose and of a period of notice of up to one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that provides
for the regular supply of products (including electricity) or services at the end of the definite period, with the
observance of termination regulations agreed to this purpose and of a period of notice of up to one month.
3. The consumer can terminate the agreements stated in the foregoing paragraph:
- at any time, and not be restricted to termination at a specific time or in a specific period;
- at least in the same manner as they have been entered into by him;
- always with the same period of notice as the entrepreneur has stipulated for himself.
Extension:
4. An agreement that has been entered into for a definite period and that provides for the regular supply of
products (including electricity) or services may not be automatically extended or renewed for a definite
period.
5. In divergence from the foregoing paragraph, an agreement that has been entered into for a definite period
and that provides for the regular supply of daily and weekly newspapers and periodicals can be
automatically extended for a definite period of up to three months, if the consumer can terminate this
extended agreement at the end of the extension with a period of notice of up to one month.
6. An agreement that is entered into for a definite period and that provides for the regular supply of products
or services may only be automatically extended for an indefinite period if the consumer can terminate the
agreement at any time with a period of notice of up to one month. The period of notice will be up to three
months in the event that the agreement provides for the regular, but less than once per month, supply of
daily and weekly newspapers and periodicals.
7. An agreement with a limited period for the regular supply of daily and weekly newspapers and periodicals
for inspection (a trial or inspection subscription) will not be automatically extended, and ends automatically
after the expiry of the trial or inspection period.
Duration:
8. If an agreement has a duration of more than a year, the consumer may terminate the agreement after a year
at any time, with a period of notice of up to one month, unless the standards of reasonableness and fairness
dictate against termination before the end of the agreed duration.


Article 15 - Payment
1. Insofar as is not otherwise determined in the agreement or supplementary conditions, the amounts payable
by the consumer must be paid within 14 days of the commencement of the reconsideration period, or in the
absence of a reconsideration period within 14 days of the agreement having been entered into. In the case
of an agreement for the provision of a service, this period commences on the day after the consumer has
received the confirmation of the agreement.
2. In the case of the sale of products to consumers, the consumer may never be obliged in general terms and
conditions to make an advance payment of more than 50%. If advance payment is stipulated, the consumer
cannot assert any right whatsoever concerning the implementation of the order or service(s) in question
before the stipulated advance payment has been made.
3. The consumer is obliged to report inaccuracies in provided or notified payment details to the entrepreneur
without delay.
4. If the consumer does not fulfil his payment obligation(s) in a timely manner, after the entrepreneur has
informed the consumer of the late payment and has granted him a period of 14 days to nevertheless fulfil
his payment obligations, and after the payment has not been forthcoming within this 14-day period, the
statutory interest will be payable on the amount that is still payable and the entrepreneur is entitled to
charge the extrajudicial collection costs that have been incurred by him. These collection costs will amount
to a maximum of: 15% of outstanding amounts up to €2,500; 10% of the subsequent €2,500 and 5% of the
following €5,000, with a minimum of €40. The entrepreneur can diverge from the stated amounts and
percentages in favour of the consumer.


Article 16 - Complaints procedure
1. The entrepreneur will have an adequately publicised complaints procedure, and will deal with the complaint
in accordance with this complaints procedure.
2. Complaints concerning the implementation of the agreement must be submitted to the entrepreneur, with a
full and clear description, within a reasonable period of time after the consumer having discovered the
defects.
3. Complaints submitted to the entrepreneur will be responded to within a period of 14 days, calculated from
the date of receipt. If a complaint foreseeably requires a longer processing time, it will be responded to by
the entrepreneur within the period of 14 days with a confirmation of receipt and an indication of when the
consumer can expect a more extensive response.
4. The consumer must in any event give the entrepreneur 4 weeks to resolve the complaint in mutual
consultation. After this period a dispute arises that is subject to the disputes procedure.


Article 17 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply
will be exclusively governed by the laws of the Netherlands.


Article 18 - Supplementary or divergent provisions
Supplementary provisions or provisions that diverge from these general terms and conditions must not be to the
detriment of the consumer, and must be established in writing or in such a way that they can be stored by the
consumer in an accessible manner on a long-term data carrier.

Appendix I: Model form for revocation


Model form for revocation

(only fill in and return this form if you wish to revoke the agreement)


 

To:

REV'IT! eStore Europe B.V
Reggestraat 17
customerservice@revitsport.com

I/We* hereby inform you that I/we* revoke
our agreement concerning the sale of the
following products:

[details of product]*

Ordered on*/received on:

[date of order in the case of services or date of receipt in
the case of products]

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s):

 

 

 

 

 

(only if this form is submitted on paper)

* Delete where not applicable or fill in where applicable.