General Terms and Conditions
PSV FANstore Online employs the following General Terms and Conditions.
Article 1 - Definitions
In these terms and conditions, the following definitions are employed:
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
- Consumer: the natural person who does not act in a profession or organisation and enters into a distance contract with the entrepreneur.
- Distance contract: a contract in which, up to and including the closing of the contract, exclusive use is made of one or more technologies for distance communication within the framework of a system for the distance selling of products and/or services created by the entrepreneur.
- Technology for distance communication: means that can be used for the closing of a contract, without consumer and entrepreneur meeting at the same time in the same room.
- Cooling-off period: the period of time within which the consumer can exercise his right to cancel.
- Right to cancel: the consumer’s right to cancel the distance contract within the cooling-off period.
- Day: calender day.
- Extended transaction: a distance contract concerning a number of products and/or services whose delivery and/or purchase obligations are spread out over time.
- Durable data carrier: any means that enable the consumer or entrepreneur to store information addressed to them personally in a way that allows for future referencing and unaltered reproduction of said stored information.
Article 2 - The entrepreneur’s identity
PSV FANstore Online
5616 RX Eindhoven
Email address: [email protected]
Chamber of Commerce / KvK 17104199
BTW / VAT NL8073.48016.B01
Rabobank bank account number: NL65 RABO 01606 51 158 (BIC : RABONL2U)
Article 3 - Applicability
- These general terms and conditions apply to any offer made by the entrepreneur and to all closed distance contracts between entrepreneur and consumer.
- Before the distance contract is closed, the contents of these terms and conditions will be made available to the consumer. If it is not reasonably possible to do so, the consumer will be informed before the closing of the distance contract that the entrepreneur can give them access to these terms and conditions and that these terms and conditions will be sent to the consumer at no further charge as soon as possible upon the consumer’s request.
- If the distance contract is closed electronically, it is possible in deviation from the previous paragraph and before the distance contract is closed to make the contents of these terms and conditions available to the consumer electronically in such a manner that the consumer is able to easily store these terms and conditions on a durable data carrier. If it is not reasonably possible to do so, the consumer will be informed before the closing of the distance contract how they can access the terms and conditions electronically and that upon the consumer’s request these terms and conditions will be sent to the consumer electronically or in any other manner at no further charge.
- If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and the consumer can appeal to the applicable stipulation that is most beneficial to them in the event of contradictory terms and conditions.
Article 4 - The offer
- If an offer has a limited duration or if specific conditions apply, this information must be explicitly listed as part of the offer.
- The offer contains a full and accurate description of the products and/or services that are being offered. The description must be sufficiently detailed to allow the consumer to properly evaluate the offer. If the entrepreneur uses images, these must be an accurate representation of the products and/or services on offer. Apparent mistakes or errors contained in the offer are non-binding for the entrepreneur.
- Every offer contains the information necessary to clarify to the consumer what rights and obligations come with acceptance of the offer. Specifically, this includes:
- The price including taxes;
- The costs of delivery (if applicable);
- The way in which the contract will be closed and what actions are required to do so;
- The applicability (or lack thereof) of the right to cancel;
- The methods for payment, delivery or execution of the contract;
- The period for acceptance of the offer and/or the term for maintenance of the price;
- The rates for distance communication if the costs of distance communication are calculated in a manner other than the standard rates;
- If the contract is archived after closing, the way in which the consumer can access this information;
- The way in which the consumer can be notified of undesired actions before the closing of the contract and the way in which he can undo these actions before the contract is closed;
- The languages, besides Dutch, in which the contract may be closed (if applicable);
- The codes of conduct which the entrepreneur upholds and the way in which the consumer may consult said codes of conduct electronically;
- The minimal duration of the distance contract if it concerns a contract that calls for the continuous or periodical delivery of products or services.
Article 5 - The contract
- Subject to the stipulations of paragraph 4, the contract will enter into force when the consumer accepts the offer and the applicable conditions are met.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm his reception of the offer’s acceptance electronically. The consumer can dissolve the contract as long as the reception of their acceptance has not been confirmed.
- If the contract is closed electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic data transfer and provide a secure web environment. If the consumer has the option to pay electronically, the entrepreneur will take appropriate security measures.
- Within legal limits, the entrepreneur can enquire after the consumer’s ability to meet their payment obligation and any and all facts and factors that are important to the entrepreneur’s entering into a distance contract responsibly. If this enquiry reveals clear reasons for the entrepreneur not to enter into the contract, provided he lists the reasons, he has the right to refuse an order or request or to attach special conditions to its execution.
- Along with the product or service, the entrepreneur will send the following information to the consumer, either in writing or in such a manner that the consumer can easily store said information on a durable data carrier:
- a. the address of the entrepreneur’s location which the consumer can visit to lodge a complaint;
- b. the way in which the consumer can exercise their right to cancel and the conditions that apply to this right, or a clear notice regarding the non-applicability of the right to cancel;
- c. information about service following a purchase and any applicable warranties;
- d. the information detailed in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before executing the contract;
- e. the requirements for the contract’s cancellation, if the contract has a duration of more than one year or an unlimited duration.
- If the entrepreneur has obliged themselves to providing a number of products or services, the stipulations of the previous paragraph only apply to the first of these deliveries.
Article 6 - Right to cancel for delivery of products
- When purchasing products, during a period of 14 days the consumer has the right to dissolve the contract without listing reasons. This period begins on the day after the consumer or an appointed third party takes physical possession of the product
- During this period, the consumer will treat the product and its packaging with care. They will only unpack or use the product to the extent that is necessary to determine whether they wish to keep the product. If they decide to exercise their right to cancel, the product is to be returned to the entrepreneur with inclusion of all accessories and – insofar as this is reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 - Costs in the event of cancellation
- If the consumer exercises their right to cancel, they will at most be liable to pay the costs of the return shipment.
- If the consumer has paid a sum in advance, the entrepreneur will refund this amount as soon as possible and no later than 30 days after the return shipment or cancellation.
Article 8 - Exclusion of the right to cancel
- If the consumer does not have the right to cancel, the entrepreneur can only exclude this right if the entrepreneur has made this explicitly clear as part of the offer or at least before the closing of the contract.
- Exclusion of the right to cancel is only possible for products:
- a. that were fabricated by the entrepreneur in accordance with the consumer’s specifications;
- b. that are clearly personal in nature;
- c. that cannot be returned as a result of their nature;
- d. that are subject to rapid spoiling or aging;
- e. whose price is subject to fluctuations on the financial market that the entrepreneur cannot influence;
- f. for individual newspapers and magazines;
- g. for audio and video recordings and computer software whose seal was broken by the consumer.
- Exclusion of the right to cancel is only possible for services:
- a. concerning lodging, transportation, catering or leisure activities to be carried out on a certain date or during a certain period;
- b. whose delivery has begun with the consumer’s explicit consent before the end of the cooling-off period;
- c. concerning bets and lotteries.
Article 9 - The price
- During the period of validity listed in the offer, the prices of the products and/or services on offer will not be increased, with the exception of price changes resulting from changes to VAT rates.
- In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices depend on fluctuations on the financial market that the entrepreneur cannot influence using variable prices. In that case, the offer must explicitly state said dependence on fluctuations and the fact that any listed prices are guide prices.
- Price increases that occur within 3 months after the closing of the contract are only allowed if they result from legal regulations or stipulations.
- Price increases that occur at least 3 months after the closing of the contract are only allowed if the entrepreneur has stipulated this and:
- a. these changes result from legal regulations or stipulations; or
- b. the consumer has the right to cancel the contract on the day on which the price increase enters into force.
- The prices listed in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
- The entrepreneur ensures that the products and/or services meet the terms of the contract, the specifications listed in the offer, the reasonable requirements for soundness and/or usability and the legal stipulations and/or directives that existed on the day of the contract’s closing.
- A measure provided by the entrepreneur, the manufacturer or the importer to serve as warranty does not detract from the rights and claims that the consumer can rely on based on legal grounds and/or the distance contract in the event of the entrepreneur’s failure to comply with their obligations.
Article 11 - Delivery and execution
- The entrepreneur will exercise the utmost care when accepting and executing product orders and when evaluating requests for services.
- The address which the consumer provided to the entrepreneur serves as the place of delivery.
- With observance of the stipulations of article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due haste and within a period of 30 days, unless a longer delivery time has been agreed upon. If delivery is delayed, or if an order cannot or can only partially be completed, the consumer will be notified of this fact no later than one month after placing the order. In that event, the consumer has the right to dissolve the contract without further charge and they are entitled to receive applicable damages.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the sum paid by the consumer as soon as possible and in any case no later than 30 days after said dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement product available. The consumer is to be notified – in a clear and understandable manner – of the fact that a replacement product is being delivered no later than at the moment of delivery. Replacement products cannot be excluded from the right to cancel. The costs of a return shipment are for the entrepreneur’s account
- The risk of damage to products and/or their going missing lies with the entrepreneur until the moment of delivery to the consumer, unless both parties explicitly agreed otherwise.
Article 12 - Extended transaction
- The consumer may cancel a contract with an unlimited duration at any time with observance of the agreed-upon rules of cancellation and a cancellation period of no more than a month.
- A fixed-term contract has a duration of no more than two years. If both parties have agreed that the distance contract will be renewed in the event of the consumer’s silence, the contract will be renewed in the form of a contract with an unlimited duration. After said renewal, the contract’s cancellation period will be no longer than one month.
Article 13 - Payment
- If no later date has been agreed upon, the amounts owed by the consumer are to be paid within 14 days of the product’s delivery or, in the event of a contract to provide a service, within 14 days of delivery of documentation pertaining to this contract.
- When selling products to consumers, general terms and conditions may not require an advance payment of more than 50% of the total amount due. When an advance payment is required, the consumer has no claims regarding the execution of the order or service(s) in question before said advance payment has been made.
- The consumer is required to immediately report errors in the provided or listed payment information to the entrepreneur.
- In the event of the consumer’s non-payment, the entrepreneur has the right to charge previously announced reasonable costs to the consumer (within legal restrictions).
Article 14 - Complaints procedure
- The entrepreneur has a complaints procedure in place, has provided sufficient information regarding this procedure and will treat complaints in accordance with the procedure’s stipulations.
- Complaints about the execution of the contract must be described in a complete and clear manner and submitted to the entrepreneur in a timely manner once the consumer has noticed the issues in question.
- The entrepreneur must reply to any complaints within a period of 14 days after the date of reception of said complaint. When a complaint requires a longer processing time, the entrepreneur must send the consumer a notice within 14 days to inform them of the complaint’s reception and to provide an indication of when the consumer may expect a more detailed answer.
- If the complaint cannot be resolved by the parties themselves, this will lead to a dispute to which the dispute settlement rules apply.
Article 15 - Disputes
- Only Dutch law applies to any contract between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 16 - Personal Data Protection Act
- PSV considers it highly important to handle personal information carefully. PSV therefore makes sure to process and secure personal information with the utmost care. When processing personal information, PSV complies with the regulations outlined in the Personal Data Protection Act (Wbp). The privacy statement details how PSV processes personal information provided by consumers.