General conditions

Note: This is a test shop. All information on this page is fictitious and for demonstration purposes only.

Table of Contents:

• Article 1 - Definitions.
• Article 2 - Identity of the entrepreneur
• Article 3 - Applicability
• Article 4 - The offer
• Articele 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 - Compliance and warranty
• Article 11 - Delivery and execution
• Article 12 - Duration transactions: duration, termination and extension
• Article 13 - Payment
• Article 14 - Complaints procedure
• Article 15 - Disputes
• Article 16 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions the following definitions apply:

1. Grace period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: 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.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
8. 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;
9. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time.

Article 2 - Identity of the entrepreneur

Spits Gaming
Dukaat 6
Deurne

Phone number: 085 - 0766 901
E-mail address: magento@spits.online

VAT identification number: NL861391871B01

Article 3 - Applicability.

1. These general conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general conditions are available for inspection at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions will 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
4. In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs apply by analogy and in the event of conflicting general conditions the consumer can always rely on the applicable provision that is most favorable to him.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. 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;
• any costs of delivery;
• the way in which the agreement will be concluded and which actions are necessary for this;
• whether or not the right of withdrawal is applicable;
• the method of payment, delivery and performance of the agreement;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the level of the rate of 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 means of communication used;
• whether the agreement is archived after its conclusion, and if so in what way it can be consulted by the consumer;
• the way in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, restore them;
• any languages other than Dutch in which the contract can be concluded;
• the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the event of an extended transaction.

Article 5 - The agreement

1. The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the accompanying conditions.
2. If the consumer has accepted the offer electronically, the trader 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 can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal frameworks - inform himself 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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating his reasons.
5. The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable medium:

a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;

c. the information on existing service after purchase;

d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;

1. In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. 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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wants to use the right of withdrawal, the consumer will have to notify the entrepreneur in writing or by e-mail within 14 days after receiving the products. The return of the products should then be done within 14 days after notification of this return.

Article 7 - Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, the costs of return shipment will be at his expense.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.

Article 8 - Exclusion of right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal as soon as the consumer has not fulfilled the provisions in article 6 paragraph 2.

Article 9 - The price

1. 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.
2. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:

a. they are the result of legal regulations or provisions; or

b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

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

Article 10 - Compliance and Warranty

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.

Article 11 - Delivery and implementation

1. The trader will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this at the latest 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. When this occurs, the costs of any return shipment will be borne by the entrepreneur. With replacement articles, the right of withdrawal cannot be excluded.
6. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.

Article 12 - Duration transactions: duration, termination and extension

Termination

1. The consumer may contract for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time terminate in accordance with agreed termination rules and a notice of up to one month.
2. The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs:

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

Renewal

1. A fixed-term contract that has been entered into for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
2. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
3. A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly extended for an indefinite period of time only if the consumer may terminate it at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A contract with a limited duration for the regular delivery of trial days, newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

1. If a contract lasts more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
4. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, the advance notice to the consumer reasonable costs to charge.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

Article 15 - Disputes

1. On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.
2. In case of disputes, the consumer can turn to the WebwinkelKeur Foundation, which will mediate free of charge. If there is still no solution, the consumer has the option of having his complaint handled by Stichting GeschilOnline, the ruling is binding and both entrepreneur and consumer agree to this binding decision.

Article 16 - Additional or different provisions

Additional provisions or provisions deviating 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 the consumer can easily store them on a durable data carrier.