Terms & Conditions
Article 1 – Applicability
These general terms and conditions apply to every offer from “Performance Europe” (Hereafter referred to as, the term ‘supplier‘ will be used to refer to the aforementioned entity) and to every distance agreement established between “the supplier” and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, “the supplier” will indicate, before the distance agreement is concluded, how the general terms and conditions can be viewed at “the supplier” and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or in another way free of charge upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions are also applicable, the second and third paragraphs are applicable accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in case of conflicting conditions.
Article 2 – The Offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer includes 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 supplier” uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind “the supplier”.
Each offer contains information in such a way that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.
Article 3 – 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 fulfillment of the conditions set therewith.
If the consumer has accepted the offer electronically, “the supplier” promptly confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by “the supplier”, the consumer can dissolve the agreement.
If the agreement is concluded electronically, “the supplier” shall implement appropriate technical and organizational measures to secure the electronic transfer of data and shall provide a secure web environment. If the consumer can make electronic payments, “the supplier” shall take appropriate security measures for this purpose.
Within legal frameworks, “the supplier” may inform itself about whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, “the supplier” has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
Upon delivery of the product, service, or digital content to the consumer, “the supplier” will send the following information, in writing or in a way that can be stored by the consumer in an accessible manner on a durable data carrier:
– The visiting address of the establishment of “the supplier” where the consumer can address complaints.
– The conditions and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
– Information about warranties and after-sales services.
– 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 agreement.
– If the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Article 4 – Right of Withdrawal
When ordering clothing, you are responsible for the chosen sizing. We are not a clothing store. If you ordered size M but want size S instead, it’s not a problem, but unfortunately, we will have to charge you for shipping.
The consumer can dissolve an agreement for the purchase of a product during a cooling-off period of at least 14 days without stating any reasons. (See exception above) “The supplier” may ask the consumer for the reason for withdrawal but cannot compel them to provide the reason(s).
The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. “The supplier” may, provided they have informed the consumer clearly before the ordering process, refuse an order of multiple products with different delivery times.
if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part.
in the case of agreements for regular delivery of products for a specified period: the day on which the consumer, or a third party designated by them, received the first product.
For Services and Digital Content Not Delivered on a Tangible Medium:
The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for a minimum of 14 days without stating any reasons. “The supplier” may ask the consumer for the reason for withdrawal but cannot compel them to provide the reason(s).
The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended Cooling-Off Period for Products, Services, and Digital Content Not Delivered on a Tangible Medium in case of Failure to Inform about the Right of Withdrawal:
If “the supplier” has not provided the consumer with the legally required information about the right of withdrawal or the withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
If “the supplier” has provided the information mentioned in the preceding paragraph to the consumer within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 5 – Consumer’s Obligations During the Cooling-Off Period
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may handle and inspect the product only as they would be allowed to do in a store.
The consumer is only liable for the depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
Parts that are specially ordered at the request of customers and are specific to a certain type (such as maintenance items and electronic components) will not be accepted for return.
The consumer is not liable for any depreciation of the product if “the supplier” has not provided him with all the legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 6 – Exercise of the right of withdrawal by the consumer and its costs
If the consumer exercises their right of withdrawal, they shall notify “the supplier” of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to “the supplier” or its authorized representative. This is not necessary if “the supplier” has offered to collect the product themselves. The consumer has observed the return period in any case if they return the product before the cooling-off period has expired.
The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by “the supplier”.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer shall bear the direct costs of returning the product. If “the supplier” has not stated that the consumer must bear these costs or if “the supplier” indicates that they will bear the costs themselves, the consumer does not need to bear the costs of return.
If the consumer exercises their right of withdrawal, all supplementary agreements are dissolved by operation of law.
Article 7 – Obligations of “the supplier” in case of withdrawal
If “the supplier” enables the consumer to make the withdrawal notification electronically, they shall promptly send a confirmation of receipt after receiving this notification.
“The supplier” shall reimburse all payments from the consumer, including any delivery costs charged by “the supplier” for the returned product, promptly but no later than 14 days following the day on which the consumer notifies them of the withdrawal. If “the supplier” offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier. In the event of suspected purchases made by the consumer that are not intended for personal use and the abuse of the right of withdrawal, “the supplier” has the right to refrain from reimbursing the shipping costs to the consumer.
“The supplier” shall use the same means of payment for reimbursement that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, “the supplier” is not obliged to refund the additional costs for the more expensive method.
Article 8 – The Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
In deviation from the preceding paragraph, “the supplier” can offer products or services with prices that are subject to fluctuations in the financial market and over which “the supplier” has no influence. These fluctuations and the fact that any prices mentioned are indicative prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if “the supplier” has stipulated this and:
– They are the result of legal regulations or provisions; or
– The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 9 – Performance of the agreement and additional warranty
“The supplier” guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, meet the reasonable requirements of soundness and/or usability, and comply with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, “the supplier” also ensures that the product is suitable for use other than normal use.
An additional warranty provided by “the supplier”, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can enforce against “the supplier” based on the agreement, if “the supplier” has failed to fulfill its part of the agreement.
An additional warranty is any commitment from “the supplier”, its supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to provide in case of their failure to fulfill their part of the agreement.
Article 10 – Delivery and Execution
“The supplier” will observe the greatest possible care when receiving orders for products and when assessing requests for the provision of services.
The address communicated by the consumer to “the supplier” is considered the place of delivery.
Subject to the provisions of Article 4 of these general terms and conditions, “the supplier” will execute accepted orders promptly and at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation for damages.
After dissolution in accordance with the preceding paragraph, “the supplier” will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with “the supplier” until the moment of delivery to the consumer or a previously designated and made known representative of “the supplier”, unless expressly agreed otherwise.
Article 11 – Complaints Procedure
“The supplier” has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaint’s procedure.
Complaints about the performance of the agreement must be submitted to “the supplier” fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to “the supplier” will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, “the supplier” will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response.
The consumer must allow “the supplier” at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to dispute settlement.
Article 12 – Disputes
Dutch law applies exclusively to agreements between “the supplier” and the consumer to which these general terms and conditions apply.
Article 13 – 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 data carrier.