Article 1 Definitions
In these conditions are meant by:
1. The company: natural person or legal entity which offers products and/or services to remote consumers;
2. The consumer: a natural person who is not acting in the exercise of profession or business and engages into an agreement at a distance with the company;
3. Agreement at a distance: an agreement which uses a by the company organised multiple technique system for offering sales at a distance of products and/or services, including the closing of a sales agreement;
4. By the company organised multiple technique system: remote communication system that can be used for closing an agreement without the consumer and the company being in the same room at the same time;
5.Withdrawal period: period of time in which the consumer can make use of his right of withdrawal;
6. Right of cancellation: the possibility for the consumer to dissolve the agreement at a distance;
7. Day: calendar day;
8. Continued transaction: an agreement at a distance for a series of products and/or services, whose delivery and/or obligation of purchase, is distributed over a period of time;
9. Sustainable data bearer : any means that enable the consumer or company to save information provided to him personally, in a way that the stored information can be consulted and reproduced unchanged in the future;
Article 2 Identity of the Company
Front Runner Nederland B.V.
Location address: Archimedesbaan 3, 3439ME Nieuwegein, the Netherlands.
Phone number: +3130219260
Accessibility: from Monday to Saturday from 8 a.m. to 5: 30 p.m.
E-mail address: mail@ frontrunner.nl
KvK-nummer: 30 15 76 89
Article 3 Applicability
1. These General conditions apply to any offer made by the company and on each agreement at a distance between the company and consumers.
2. Before the agreement at a distance is closed, the text of these General conditions will be made available to the consumers. If this is reasonably not possible, it will be indicated that the General
conditions can be read at the companys address before the agreement at a distance is closed. When requested they will be sent to the consumer free of charge by standard mail.
3. Unlike the previous article, and before the agreement at a distance is closed, if the agreement at a distance is closed by electronic means the General conditions can be made available to the consumer in such an electronic way that it can be saved by the consumer on a sustainable data bearer. If this is reasonably not possible then, before the agreement at a distance will be
closed, the consumer will be informed where he can read the General conditions by electronic means or that they will be sent to the consumer at no charge.
4. In the event that in addition to these general conditions also specific product or services terms and conditions apply, the second and third member of this article apply and in the event of conflicting terms and conditions the consumers can always refer to the appropriate provision which is the most favorable to him.
Article 4 The offer
1. If an offer has a limited validity period, or is made under certain conditions, it will specifically be stated in the offer.
2. The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed for a correct assessment of the offer by the consumer. If the company uses images they are a objective view of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the company in any way.
3. Each offer includes all information to make clear to the consumer what the rights and
obligations connected to the offer are. In particular:
the price including taxes;
the cost of delivery, if any;
the way in which the sales agreement will be closed and what actions will be required for this ;
applicability of the right of withdrawal;
the method of payment, delivery or consequences following from the agreement;
the deadline for acceptance of the offer, or the deadline for acceptance of the price;
the height of the rate for remote communication if the cost of the use of the technique for
communication at a distance are calculated on a different basis than the base rate;
if the agreement after completion will be archived and how this archive can be consulted by the
the way in which the consumer, before the conclusion of the agreement, is informed of
unwanted actions the consumer performed, as well as the way in which these actions can
the languages in which, if any, in addition to English, the agreement will be closed;
the codes of conduct to which the company has subjected itself and the way in which the
consumers can consult these codes of conduct by electronic means; and
the minimum duration of the agreement at a distance in case of an agreement of continued
Article 5 The agreement
1. The agreement, subject to the provisions made in paragraph 4 of this article, is considered to
be closed at the time of acceptance by the consumers of the offer and meeting the prescribed
terms and conditions.
2. If the consumer accepts the offer by electronic means, the company without delay confirms by electronic means the receipt of the agreement. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is made electronically, the company will take appropriate technical and
organisational measures to secure the electronic transfer of data and provides for a safe Web environment. If the consumer can pay electronically, the company will take appropriate security measures.
4. The company can within legal limitations inform itself if the consumer can meet the payment commitments, as well as all the facts and factors that are of interest to the company for a responsible establishment of the agreement at a distance. If the company, on the basis of this research, has legitimate reason to refuse the agreement, the company is justified to do so by motivating this refusal or connect special conditions to the execution of the agreement.
5. The company will supply the following information to the consumer in writing or in such a way that the consumer can easily save the information on a sustainable data bearer:
a. the location address of the company for reporting a complaint;
b. the terms and conditions on which the consumer is able to use of the right of withdrawal, or a clear message on the exclusion from this right of withdrawal;
c. information regarding existing service after purchase and guarantees;
d. the in article 4, paragraph 3 of these conditions included data, unless the company has given these data to the consumer prior to the closing of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or an indefinite duration.
6. If the company has an agreed to provide continued delivery of products or services, the provision in the previous paragraph (5) only applies to the first delivery.
Article 6a Right of withdrawal in delivery of products
1. With the purchase of products, the consumer has the possibility to dissolve the agreement
without giving reasons for a period of at least 14 days. This period starts on the day of receipt of the product by, or on behalf of, the consumer.
2. During this period the consumer will carefully handle the product and packaging. He
will only use or unpack the product to the extent that is necessary in order to be able to
to judge whether he wishes to retain the product. If he uses his right to withdraw the agreement he will return the product with all belongings and, if possible, in the original state and packaging, in accordance with the reasonable and clear instructions provided by the company.
Article 6B Right of withdrawal in delivery of services
1. In the delivery of services the consumer has the option of dissolving the agreement without giving reasons for a period of at least 14 days starting on the day of entering into the agreement.
2. In order to make use of his right of withdrawal, the consumer wil be subjected to the fair and clear instructions provided by the company with the offer or at the latest at the time of the delivery.
Article 7 Cost in the event of cancellation
1. If the consumer uses his right of withdrawal, he will pay for the cost for returning the goods to the company as a maximum amount.
2. If the consumer has already paid an amount, the company will repay this amount as soon as
possible, but no later than within 30 days after the receipt of the returned goods or withdrawal.
Article 8 Exclusion from right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only exercised by the company if this is clearly presented in the offer or at least in time before the closing of the agreement.
2. The exclusion of the right of withdrawal is only possible for products:
a) that are established by the company in accordance with specifications of the consumers;
b) which are clearly of a personal nature such as underwear;
c) that by their very nature are not able to be returned;
d) that can quickly spoil or age;
e) that the price is bound to fluctuations in the financial market on which the company does not have any effect;
f) for individual newspapers and magazines; and
g) for audio and video recordings and computer software of which the consumer has broken the seal.
3. The exclusion of the right of withdrawal is only possible for services:
a) on accommodation, transport, the restaurant business or leisure activities to be done on a
particular date or during a certain period of time;
b)for which the delivery is started with the express consent of the consumer before the withdrawal period has elapsed; and
c) on bets and lotteries.
Article 9 The price
1.During the in the offer listed validity period, the prices of the offered products and/or services will not be increased, with exception to price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph the company can offer products or services against variable prices that are bound to fluctuations in the financial market and on which the company has no effect. The fact that any offered prices are listed in the offer as a guideline only and/or depend on fluctuations will be stated in the offer.
3. Price increases within 3 months after the the start of the agreement are only allowed if they are a result of legal provisions.
4. Price increases from 3 months after the start of the agreement are only allowed if the company has claimed this with the offer, and if:
a) these are the result of legal provisions; or
b) the consumer has the ability to withdraw the agreement on the day on which the price increase is effected.
5. All prices in offers of products and/or services include VAT.
Article 10 Conformity and guarantee
1. The company guarantees that products and/or services are conform the agreement, the
specifications listed in the offer, to the reasonable requirements of durability and/or
usability, and the, on the date of the establishment of the agreement, existing legislative provisions and/or State regulations.
2. A guarantee scheme offered by a business, manufacturer or importer does not limit the obligations of the company to the consumer based on the law and/or the agreement at a distance.
Article 11 Delivery and processing of orders
1. The company will take greatest possible care when receiving and processing the orders of products and in the assessment of requests to provide services.
2. Address of delivery is the same as the address that the consumer gives to the company.
3. In accordance with article 4 of these terms and conditions, the company will process accepted orders with due haste but within 30 days unless a longer term of delivery was agreed. If the delivery is delayed or if an order can not, or only partially be delivered, the consumer receives a message about this at latest one month after he has placed the order. The consumer in that case has the right to dissolve the agreement without cost and the right to compensation of damages.
4. In case of dissolution in accordance with the previous paragraph the amount that the consumer already paid will be repaid by the company as soon as possible, but no later than within 30 days after dissolution of the agreement.
5. If the delivery of a product ordered proves to be impossible, the company will strive to make
a replacement item available. At the latest at the moment of delivery it will be clearly reported that a replacement item is delivered. With replacement items the right of withdrawal cannot be ruled out. The cost for returning a replacement item will be for the account of the company.
6. The risk of damages and/or loss of the product and/or service transfers from the company to the consumer at the time of delivery unless explicitly agreed otherwise.
Article 12 Continued transactions
1. The consumer can cancel an agreement that is made for an indefinite period at all times
in accordance with the agreed rules for cancellation and a term of notice of one month.
2. An agreement which is entered into has a maximum duration of a period of up to two years.
If it was agreed that in case of silent consent of the consumer the agreement at a distance will be extended, the agreement will be continued for an indefinite period of time and will have a term of notice of one month.
Article 13 Payment
1. Unless otherwise agreed, the amounts due by the consumer are to be paid to the company account within 14 days after delivery of the goods or in the event of a agreement to a service, within 14 days after the issuing this service.
2. In the sale of products to consumers, a prepayment of more than 50% in general terms and conditions is not allowed. When a prepayment is agreed, the consumer has no right to assert on the processing of the relevant order or service(s), before the proposed prepayment has taken place.
3. The consumer has the duty to inform the company of errors in billing or other information provided to the company without any delay.
4. In case of default of payment by the consumer, the company has the right to charge to the consumer reasonable cost of which the consumer was informed in advance within the legal limitations.
Article 14 Complaints
1. The company has duly announced its complaints procedure and will deal with any complaint in accordance with this procedure.
2. Complaints about the execution of the agreement must be within reasonable time, complete and clearly defined be submitted to the company as soon as the consumer has identified the complaint.
3. When the company receives a complaint it is answered within a period of 14 days from
the date of receipt. If investigating a complaint is expected to take a longer processing time, the the company will send a message within 14 days after receipt of the complaint and give an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be settled in mutual agreement it becomes a dispute to which a dispute settlement may apply.
Article 15 Disputes
1. Agreements between the company and the consumer to which these General conditions apply, only Dutch law is applicable.
2. The Conciliation Committee only consideres a dispute if the consumer has informed the company of the complaint within a reasonable time.
3. No later than three months after the dispute has arisen, the dispute has to be made known to the Conciliation Committee in writing.
4. When the consumer would like to submit a dispute to the Conciliation Committee, the
company is bound to this choice. When the company wants to do so, the consumer has to confirm in writing within five weeks if he agrees to the choice of the committee.
Should the consumer not react to the company within five weeks the company is entitled to submit the dispute to the competent judge.
5. The judgement of the Conciliation Committee is made under the conditions as set out in the
rules of procedure of the Conciliation Committee. Their judgements are binding to both parties.
6. The Conciliation Committee will not deal with a dispute, or stop its procedure, if the company is in surseance of payment, declared bankrupt or has ceased its actual operating activities, before the Committee has made a decision.
Article 16 - Additional or different provisions
Additional conditions or different provisions from these General conditions should not be at the expense of the consumer and should be laid down in writing or in such a way that the consumer can save them in an easy way on a sustainable bearer of data.