General terms & conditions

Term and conditions

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 - Costs in case of withdrawal Article 8 - Exclusion of the right of withdrawal Article 9 - The price Article 10 - Conformity and warranty Article 11 - Delivery and execution Article 12 - Long-term transactions: duration, termination, and extension Article 13 - Payment Article 14 - Complaints procedure Article 15 - Disputes Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can make use of his right of withdrawal; Read all about the cooling-off period

Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, the performance and/or delivery obligations of which are spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;

Model withdrawal form: the model withdrawal form that the entrepreneur makes available for the consumer to fill in when he wishes to exercise his right of withdrawal.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously in the same space.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

www.FlohPro.com

is operated by

NLTactical BV Prinsenweide 2E 7317BB Apeldoorn The Netherlands

T (055) 234-0859 E [email protected] Chamber of Commerce 73027731 VAT number NL859325982B01

Article 3 - Applicability

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

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection by the consumer at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or in another way upon request by the consumer.

In the event that in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply by analogy and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these terms and conditions will remain in effect for the rest and the relevant provision will be replaced by a provision that approaches the purport of the original as much as possible in mutual consultation.

Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;

the possible costs of shipping;

the manner in which the agreement will be concluded and which actions are required for this;

whether or not the right of withdrawal applies;

the method of payment, delivery, and execution of the agreement;

the period for accepting the offer, as well as the period within which the entrepreneur guarantees the price;

the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;

whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;

how the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;

any other languages in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in case of a long-term transaction.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down for this purpose.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

Within the framework of the law, the entrepreneur may - ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will send the consumer the following information about the product or service with the product or service in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur's establishment where the consumer can address complaints;

the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

information about guarantees and existing service after purchase;

the information referred to in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the preceding paragraph applies only to the first delivery.

Every agreement is entered into subject to the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

In the case of product delivery:

Upon purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This withdrawal period starts the day after the consumer receives the product or a representative designated by the consumer and made known to the entrepreneur in advance.

During this cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product to the entrepreneur with all accessories provided and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must make this notification using the model withdrawal form or through another means of communication such as email. After notifying the entrepreneur of their intention to withdraw, the consumer must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, for example, by means of a proof of shipment.

If the consumer has not notified the entrepreneur of their intention to exercise their right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is considered final.

In the case of service delivery:

Upon service delivery, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting from the day the agreement is entered into.

To exercise their right of withdrawal, the consumer shall adhere to the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the goods shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been returned to the online retailer or conclusive evidence of complete return shipment can be provided. Repayment shall be made using the same payment method used by the consumer unless the consumer expressly agrees to another payment method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.

The consumer cannot be held liable for any decrease in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

that are custom made according to the consumer's specifications;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer;
for hygienic products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
concerning betting and lotteries.

Article 9 - The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the right to terminate the agreement from the day on which the price increase takes effect.

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

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur on the basis of the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired or modified the delivered products themselves or has had them repaired or modified by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
the defects are wholly or partly the result of regulations prescribed or will be prescribed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing product orders and assessing requests for the provision of services.

The consumer's address as stated to the company shall be considered the place of delivery.

Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer shall be notified no later than 30 days after the order was placed. In such cases, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to any compensation.

All delivery times are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.

In the event of termination in accordance with paragraph 3 of this article, the company shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves to be impossible, the entrepreneur shall endeavor to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a previously designated and made known representative to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and shall not be limited to termination at a specific time or during a specific period;
terminate at least in the same manner as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal

An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

In deviation from the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a specific duration of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period has expired.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless the reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.

The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the consumer reasonable costs notified in advance.

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

In case of complaints, the consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution cannot be reached, the consumer has the option to submit the dispute to the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee entails costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the products delivered free of charge.

Article 15 - Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.