General terms and conditions
In these terms and conditions, the following terms shall have the following meanings:
- Ancillary contract means a contract in which the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
- Grace period: The period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specific period of time;
- Durable medium: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
- Entrepreneur: The natural or legal person who and products, (access to) digital content and / or services remotely offers to consumers;
- Distance contract: a contract between the trader and the consumer concluded as part of an organized system for distance selling of products, digital content and/or services, whereby, up to and including the moment at which the contract is concluded, sole or joint use is made of one or more techniques for distance communication;
- Model withdrawal form: the European model withdrawal form included in Annex I of these Terms and Conditions; Annex I need not be provided if the Consumer does not have a right of withdrawal with regard to his order;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
- Read our privacy statement
Name of Entrepreneur: Frickin
Acting under the name(s):
Techniekweg 18 number 3, 4303 RT Zierikzee (no return address!)
Phone Number: +31 (0) 111 -230700
From Monday to Friday from 10:00 to 17:00
E-mail address: [email protected]
Chamber of Commerce number: 78678714
VAT number: NL002998428B09
- These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between the entrepreneur and the consumer.
- Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, the way in which the general conditions can be viewed at the trader's premises and that they will be sent free of charge to the consumer as quickly as possible, at the consumer's request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
- In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.
- 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 contains a complete and accurate description of the products, digital content 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 reflection of the products, services and / or digital content offered. Obvious mistakes or errors in the offer will not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
- The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereof are fulfilled.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
- If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur may, within the limits of the law - to inform the consumer of his payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance contract. If, on the basis of this investigation, the trader has good reason not to enter into the contract, he is entitled to refuse an order or application or to attach special conditions to its implementation.
- No later than at the time of delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium:
- the conditions on which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
- information on warranties and existing after-sales service;
- the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
- the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite;
- if the consumer has a right of withdrawal, the model form for withdrawal.
- In the case of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.
- The consumer can terminate an agreement related to the purchase of a product during a reflection period of 14 days without giving any reason. The trader may ask the consumer about the reason for the cancellation, but may not oblige the consumer to disclose his reason(s).
- The cooling off period mentioned in paragraph 1 starts on the day the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
- If the consumer has ordered multiple products in the same order: the day the consumer or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer or a third party designated by him, the last shipment or the last part has received;
- in case of contracts for regular delivery of products during a certain period: the day on which the consumer or a third party designated by him has received the first product.
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop. The packaging must contain the unworn product with unbroken hangtag.
- The consumer is only liable for a decrease in value of the product which is the result of a way of handling the product that goes beyond what is allowed in paragraph 1. Any damage must be reported within 48 hours of receiving the product.
- The consumer is not liable for any reduction in value of the product if the trader has not provided him with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.
- If the consumer makes use of his right of withdrawal, he shall notify this within the cooling-off period by means of the return form for withdrawal or otherwise unambiguously to the entrepreneur.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories, in original condition and packaging with unbroken hangtag, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the return costs.
- Your return is registered within 14 days of receipt.
- Once your return has been registered, you have up to 14 days to send it back to Frickin.
- Items purchased in a physical shop cannot be returned through our webshop, for this you need to contact the shop where you made the purchase.
- The liability and costs for returns are to be borne by the customer. Please ensure that your return shipment is sufficiently stamped. We will not accept cash on delivery or unstamped shipments.
- When returning or exchanging items, the return form must always be fully completed and added to the return shipment. You will receive the return form by e-mail immediately after registration. However, if you have not received it after 24 hours, please contact [email protected] directly.
- Your return must always be well packed, to prevent transport damage. If a product (packaging) is damaged during return shipment due to poor packaging, the amount of the credit will be agreed upon after telephone contact.
- You may try on the gloves, but not wear them. All original hangtags and labels must not be removed from the gloves. If found, we may refuse the return or charges will be made for depreciation.
- Products that are returned must undamaged and complete with packing to be delivered. Possible damages and/or traces of use may be a reason for Frickin to refuse the return.
- Did you receive the items damaged? Please report this within 48 hours of receipt via [email protected] Otherwise we cannot fully refund returned gloves that are damaged!
- The purchase amount will be refunded to the payment account used to make the purchase within 14 working days of receipt of your return.
- If the trader makes it possible for the consumer to notify his withdrawal electronically, he will send an acknowledgement of receipt of this notification without delay.
- The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to repay the product until he has received it or until the consumer can demonstrate that he has returned it, whichever comes first.
- The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:
- Products made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return due to health protection or hygiene reasons and of which the seal is broken after delivery
- During the validity period mentioned in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, will be mentioned with the offer.
- The prices mentioned in the offer of products or services include VAT.
- Entrepreneur may invoke any stated price errors.
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. The Entrepreneur also guarantees that the product is suitable for normal use, provided that the products have been properly cared for.
- An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer, on the basis of the agreement, can enforce against the trader if the trader has failed to fulfill his part of the agreement.
- By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfill his part of the agreement.
- The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- Subject to what is stated in Article 4 of these terms and conditions, the operator accepted orders expeditiously but not later than 30 days, unless a different delivery has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. The consumer in this case the right to terminate the contract without penalty and entitled to any compensation.
- After termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer. Damage to products must be reported to the entrepreneur within 48 hours of receipt.
- Insofar not otherwise specified in the contract or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In case of an agreement for the provision of a service, this period starts on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When an advance payment has been agreed, the consumer may not assert any rights regarding the execution of the order or service(s), before the advance payment has been made.
- The consumer has the duty to inaccuracies in data supplied or specified payment to report immediately to the operator.
- If the consumer does not meet his payment obligation(s) on time, he will, after being notified by the entrepreneur of the late payment and after the entrepreneur has given the consumer a period of 14 days to meet his payment obligations, after the failure to pay within this 14-day period, owe the statutory interest on the amount due and the entrepreneur has the right to charge extrajudicial collection costs.
- The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the trader will be replied to within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
- The consumer must give the entrepreneur at least 4 weeks time to resolve the complaint in mutual agreement. After this period a dispute arises that is susceptible to the dispute.
- Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Dutch law.
- The Entrepreneur may amend the General Terms and Conditions without giving reasons.
- Amendments to these conditions shall only be effective after they have been duly published.