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Terms and conditions Online Acadmey and Webshop

TABLE OF CONTENTS:

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Obligations of the Consumer during the Withdrawal Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Conformity and Additional Warranty
Article 13 – Delivery and Performance
Article 14 – Continuous Transactions: Duration, Termination, and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Additional or Deviating Provisions
Article 19 – Amendment of the General Terms and Conditions

ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions apply:

Additional Agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, provided by the entrepreneur or a third party under an arrangement between the third party and the entrepreneur.

Withdrawal Period: the period during which the consumer may exercise their right of withdrawal.

Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession.

Day: calendar day.

Digital Content: data produced and supplied in digital form.

Continuous Agreement: an agreement intended for the regular delivery of goods, services, and/or digital content over a certain period.

Durable Medium: any means – including email – that allows the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose of the information, and which allows unaltered reproduction of the stored information.

Right of Withdrawal: the consumer's ability to withdraw from the distance contract within the withdrawal period.

Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services remotely to consumers.

Distance Contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for remote sales of products, digital content, and/or services, in which one or more means of remote communication are used up to and including the conclusion of the contract.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Company Name: Raiva Sports
Operating under the names: Athletic Performance, Athletic Performance Institute, Athletic Performance Apparel, Raiva Sports, Renzo Gracie Holland

Visiting Address:
Slingerweg 116/118
4814 AZ Breda, Netherlands

Phone Number: +31 683561173
Contact: www.renzogracieholland-online.nl

Availability:
Monday to Friday: 09:30 – 18:00
Saturday: 12:00 – 15:00

Chamber of Commerce Number: 7053884
VAT Number (Netherlands): NL001788955B23

ARTICLE 3 – APPLICABILITY

These general terms and conditions apply to every offer of the entrepreneur and every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the consumer is provided with the text of these general terms and conditions. If this is not reasonably possible, the entrepreneur will indicate how the terms and conditions can be inspected and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these terms may be provided electronically in a way that allows the consumer to store it on a durable medium. If not reasonably possible, the entrepreneur will indicate where the terms can be electronically inspected and that they will be sent free of charge upon request.

If specific product or service terms also apply, the second and third paragraphs apply accordingly, and in case of conflict, the consumer may rely on the provision most favorable to them.

ARTICLE 4 – THE OFFER

If an offer has a limited validity period or is subject to conditions, this is explicitly stated.

The offer contains a complete and accurate description of the products, digital content, and/or services, sufficient for the consumer to assess the offer. Images used represent the products, services, and/or digital content truthfully. Obvious mistakes in the offer do not bind the entrepreneur.

Each offer provides sufficient information so the consumer clearly understands the rights and obligations related to accepting the offer.

ARTICLE 5 – THE AGREEMENT

The agreement is concluded when the consumer accepts the offer and meets the conditions.

If accepted electronically, the entrepreneur immediately confirms receipt of acceptance electronically. Until this confirmation is received, the consumer may dissolve the agreement.

For electronic agreements, the entrepreneur applies suitable technical and organizational measures to secure electronic data transfer and a safe web environment. Secure payment measures are implemented if applicable.

The entrepreneur may check whether the consumer can meet payment obligations and other factors relevant to responsibly entering the contract. If the entrepreneur has valid reasons, they may refuse or set conditions for the order.

Upon delivery, the entrepreneur provides written or electronically storable information about:
a. the address for complaints
b. terms and conditions of withdrawal, or notice of exclusion
c. warranty and after-sales service
d. price, including taxes, delivery costs, and payment/delivery method
e. termination requirements for agreements longer than one year or indefinite
f. model withdrawal form if applicable

For continuous agreements, the above applies only to the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL

For Products:
The consumer can withdraw from a product purchase within 14 days without reason. The withdrawal period starts the day after the consumer, or a designated third party, receives the product(s). Special rules apply for multiple products or partial deliveries.

For Services and Digital Content not on a Tangible Medium:
The consumer can withdraw within 14 days after the agreement is concluded.

Extended Withdrawal Period:
If the entrepreneur fails to provide required information on withdrawal, the period extends up to 12 months. Once the information is provided within 12 months, the withdrawal period is 14 days after receipt.

ARTICLE 7 – CONSUMER OBLIGATIONS DURING WITHDRAWAL PERIOD

The consumer must handle the product and packaging with care, only using it to inspect its nature, characteristics, and functioning.

The consumer is liable for any diminished value caused by use beyond this inspection.

No liability exists if the entrepreneur failed to provide required withdrawal information.

ARTICLE 8 – EXERCISING THE RIGHT OF WITHDRAWAL AND COSTS

The consumer must notify the entrepreneur within the withdrawal period using the model form or unequivocal statement.

Products must be returned promptly, within 14 days, including accessories and original packaging.

Return costs are borne by the consumer unless the entrepreneur stated otherwise.

Certain services and digital content may incur proportional costs if performed during withdrawal, only if the consumer explicitly requested early performance.

ARTICLE 9 – ENTREPRENEUR’S OBLIGATIONS IN CASE OF WITHDRAWAL

The entrepreneur must acknowledge electronic withdrawal immediately and refund all payments within 14 days.

Refunds use the same payment method unless otherwise agreed. Extra costs for premium delivery are not reimbursed.

ARTICLE 10 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

Certain products/services may be excluded, including:

  • Price-fluctuating products

  • Auctions

  • Fully performed service agreements with prior consent

  • Customized products, perishable goods, sealed products for hygiene/health, mixed products, alcoholic beverages delivered after 30 days, digital content with consent

  • Newspapers/magazines except subscriptions

ARTICLE 11 – THE PRICE

Prices are fixed during the offer period, including VAT, unless tax changes occur.

Variable-price products are noted as such.

Price increases within 3 months are allowed only due to legal regulations; beyond 3 months if agreed, with termination rights for the consumer.

ARTICLE 12 – CONFORMITY AND ADDITIONAL WARRANTY

Products/services must comply with the agreement, offer specifications, reliability standards, and legal regulations.

Additional guarantees do not limit statutory consumer rights.

ARTICLE 13 – DELIVERY AND PERFORMANCE

The entrepreneur exercises care in order handling and service provision.

Delivery occurs at the consumer-provided address. Orders are executed promptly, within 30 days unless agreed otherwise.

Risk transfers upon delivery unless agreed otherwise.

ARTICLE 14 – CONTINUOUS TRANSACTIONS: DURATION, TERMINATION, AND RENEWAL

Consumers may terminate indefinite agreements at any time with a maximum one-month notice. Fixed-term agreements terminate at the end of the term, with the same notice.

Silent renewal is generally prohibited, with limited exceptions for periodicals. Trial subscriptions end automatically. Agreements over one year may be terminated after one year with one-month notice.

ARTICLE 15 – PAYMENT

Unless agreed otherwise, payment is due within 14 days from the start of the withdrawal period or contract conclusion.

For product sales, advance payment may not exceed 50%. Consumers must promptly report incorrect payment details.

Late payment incurs statutory interest and collection costs (max. 15% for first €2,500, 10% for next €2,500, 5% for next €5,000, minimum €40).

ARTICLE 16 – COMPLAINTS PROCEDURE

The entrepreneur has a published complaints procedure. Complaints must be submitted clearly within a reasonable period.

Responses are given within 14 days; longer cases receive acknowledgment and expected response time.

Unresolved complaints within three months constitute a dispute.

ARTICLE 17 – DISPUTES

Agreements are governed by Dutch law.

Disputes require prior complaint submission. If unresolved, disputes must be submitted to the court within 12 months.

Court of Breda (Zeeland-West-Brabant) has exclusive jurisdiction, but the entrepreneur may sue at the consumer’s local court.

ARTICLE 18 – ADDITIONAL OR DEVIATING PROVISIONS

Additional or deviating provisions must not disadvantage the consumer and must be documented or made available for storage on a durable medium.

ARTICLE 19 – AMENDMENT OF THE GENERAL TERMS AND CONDITIONS

The entrepreneur may amend terms at any time. Changes are not retroactive and take effect on the date stated in the announcement.

Changes are communicated via the website. Consumers are responsible for checking for updates.

Invalid or void provisions do not affect remaining provisions, which remain in force. Invalid provisions are replaced with legally valid provisions approximating the original intent.

The most recent version is always available on the entrepreneur’s website and upon request.

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