General Terms & Conditions

Article 1 – Identity
Article 2 – Application
Article 3 – The offer
Article 4 – The agreement
Article 5 – Right of withdrawal
Article 6 – Costs in case of withdrawal
Article 7 – Exclusion of right of withdrawal
Article 8 – The price
Article 9 – Conformity and warranty
Article 10 – Delivery and execution
Article 11 – Duration transactions: duration, termination and renewal
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Disputes
Article 15 – Additional or different provisions

Article 1 – Identity

Dom City Roller Derby (DCRD)

Netherlands

Email: info@domcityrollerderby.com
KVK: 71275436
BTW/VAT: not applicable

Article 2 – Application

1. These general terms and conditions apply to every offer made by the Dom City Roller Derby and to every distance contract and order that is concluded between the Dom City Roller Derby and the consumer.
2. 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, before the distance contract is concluded, it will be indicated that the general conditions at the Dom City Roller Derby to see and they are at the consumer’s request as soon as possible be sent free of charge.
3. 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 viewed electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
5. If one or more provisions in these general conditions at any time are invalid or annulled in whole or in part, the remainder of the agreement and these conditions will remain in force and the provision in question will be replaced without delay in mutual consultation by a provision that approaches the meaning of the original provision as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these terms and conditions.

Article 3 – The offer

1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The Dom City Roller Derby is entitled to change and adapt the offer.
3. 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 Dom City Roller Derby uses images these are a true reflection of the products and / or services. Obvious mistakes or obvious errors in the offer will not bind the Dom City Roller Derby.
4. All images, specifications data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. Dom City Roller Derby cannot guarantee that the colors shown will exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
   • the price including taxes;
   • the possible costs of shipment;
   • the manner in which the agreement will be established and what actions are necessary for this;
   • whether or not the right of withdrawal is applicable;
   • the method of payment, delivery and implementation of the agreement;
   • The period for accepting the offer, or the period within which the Dom City Roller Derby guarantees the price;
   • Whether the contract is archived after its conclusion, and if so, in what manner it can be consulted by the consumer;
   • The way in which the consumer, before the conclusion of the contract, can check the data provided by them in the context of the contract and, if desired, correct them;
   • any other languages in which, besides English, the agreement may 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 case of an enduring transaction.

Article 4 – The agreement

1. The agreement comes into effect, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
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 agreement of this acceptance has not been confirmed by the Dom City Roller Derby, the consumer can dissolve the agreement.
3. If the agreement is created electronically, the Dom City Roller Derby will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the Dom City Roller Derby will take appropriate security measures.
4. The Dom City Roller Derby may – within legal limits – obtain information on whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to a sound conclusion of the distance contract. If the Dom City Roller Derby, on the basis of this research, has good reason not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to the implementation.
5. The Dom City Roller Derby will include with the product or service to the consumer the following information, in writing or in such a way that the consumer can be stored in an accessible manner on a durable medium:
6. The visiting address of the establishment of the Dom City Roller Derby where the consumer can go with complaints;
   • The conditions under 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;
   • The information about warranties and existing after-purchase service;
   • the data included in article 4, paragraph 3 of these conditions, unless the Dom City Roller Derby has already provided this data to the consumer prior to the execution of the agreement;
   • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
   • In the case of an enduring transaction, the provision in the previous paragraph shall apply only to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 5 – Right of withdrawal

1. When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the Dom City Roller Derby announced representative.
2. During the cooling-off period the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to judge whether they wishes to keep the product. If they exercise their right of withdrawal, they will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the Dom City Roller Derby, according to the Dom City Roller Derby provided reasonable and clear instructions.
3. When the consumer wishes to make use of their right of withdrawal, they are obliged to make this known to the Dom City Roller Derby within 14 days after receipt of the product. The consumer must make this known by means of the model form or by means of another means of communication such as e-mail. After the consumer has made known to use their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of posting.
4. If, at the end of the periods specified in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the Dom City Roller Derby, the purchase is a fact.

When providing services:

1. Event ticket sales are nonrefundable.
2. In case of force majeure, the Organization has the right to cancel the Event or organize it on another date.
3. The term ‘force majeure’ as used in this article shall include all unforeseen circumstances that arise through no fault or action of the Dom City Roller Derby
4. If the Event is cancelled as a result of or in connection with force majeure, the Dom City Roller Derby will refund the purchase price (excluding fees) of the Admission Ticket. The Visitor may not claim any compensation from the Dom City Roller Derby other than restitution of the purchase price. A refund will only be made after the original, valid and undamaged Admission Ticket has been presented by the Visitor to the Dom City Roller Derby.
5. Event tickets may be transferred up to 24-hours before the start of the event. Consumer must notify Dom City Roller Derby by email: info@domcityrollerderby.com

Upon delivery of products:

1. In case of delivery of services, the consumer has the opportunity to dissolve the contract without giving reasons for at least 14 days, starting on the day of entering into the agreement.
2. To make use of their right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the Dom City Roller Derby in the offer and / or at the latest at delivery.

Article 6 – Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, they shall bear no more than the cost of return shipment.
2. If the consumer has paid an amount, the Dom City Roller Derby will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
3. If the product is damaged due to careless handling by the consumer themselves, the consumer is liable for any reduction in the value of the product.
4. The consumer can not be held liable for depreciation of the product if the Dom City Roller Derby has not provided all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.

Article 7 – Exclusion of right of withdrawal

1. The trader can preclude the consumer from having a right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the Dom City Roller Derby has clearly stated this in the offer, at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is possible only for products:
   • that have been brought about by the trader in accordance with the consumer’s specifications;
   • that are clearly personal in nature;
   • That by their nature can not be returned;
   • That spoil or age quickly;
   • Whose price depends on fluctuations in the financial market on which the Dom City Roller Derby has no influence;
   • For individual newspapers and magazines;
   • for audio- and video-recordings and computer software of which the consumer has broken the seal;
   • for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   • concerning lodging, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
   • whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
   • Concerning betting and lotteries.

Article 8 – The price

1. During the validity period mentioned 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 Dom City Roller Derby may offer products or services whose prices are subject to fluctuations in the financial market and over which the Dom City Roller Derby has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the Dom City Roller Derby has stipulated it and:
5. they are the result of statutory regulations or provisions; or
   • the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
   • The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In case of misprints, the company is not obliged to deliver the product at the incorrect price.

Article 9 – Conformity and warranty

1. The Dom City Roller Derby 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. If agreed, the Dom City Roller Derby also ensures that the product is suitable for other than normal use.
2. A guarantee provided by the Dom City Roller Derby, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the Dom City Roller Derby.
3. Any defects or wrongly delivered products should be reported to the Dom City Roller Derby in writing within 2 months after delivery. Return of the products must take place in the original packaging and in new condition.
4. The warranty period of the Dom City Roller Derby corresponds to the manufacturer’s warranty period. However, the Dom City Roller Derby 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.
5. The warranty does not apply if:
6. the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
   • the delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the instructions of the Dom City Roller Derby and / or on the packaging;
   • the inadequacy is wholly or partly the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used.

Article 10 – Delivery and execution

1. The Dom City Roller Derby will take the utmost care in receiving and carrying out orders for products and in assessing applications 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 paragraph 4 of this article, the company accepted orders expeditiously but not later than 30 days, unless consumers have agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any deadlines mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the Dom City Roller Derby will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the Dom City Roller Derby will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. With replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the Dom City Roller Derby.
7. The risk of damage and / or loss of products rests with the Dom City Roller Derby until the time of delivery to the consumer or a pre-designated and the Dom City Roller Derby announced representative, unless otherwise expressly agreed.

Article 11 – Duration transactions: duration, termination and renewal

Notice

1. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
2. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
3. The consumer may enter into the agreements mentioned in the previous paragraphs:
4. terminated at any time and shall not be limited to termination at any particular time or in any particular period;
   • at least terminate in the same manner as they were entered into by them;
   • always terminate with the same notice as the Dom City Roller Derby has stipulated for themselves.

Extension

1. A contract entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
2. Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this renewed contract towards the end of the extension with a notice of up to one month.
3. A contract for a definite period, 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 of up to one month and a notice of up to three months in case the contract is for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly 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 has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness dictate against termination before the end of the agreed term.

Article 12 – Payment

1. As far as no other date has been agreed, sums payable 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 for the provision of a service, this period shall start after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the Dom City Roller Derby.
3. In the event of non-payment on the part of the consumer, the Dom City Roller Derby has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 13 – Complaints procedure

1. The Dom City Roller Derby has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.Complaints about the implementation of the agreement should be submitted to the Dom City Roller Derby within 2 months, fully and clearly described, after the consumer has found the defects.
2. Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the Dom City Roller Derby will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
4. In case of complaints, a consumer should first turn to the Dom City Roller Derby. To submit a dispute to this dispute committee are costs that consumers must pay to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
5. A complaint does not suspend the obligations of the Dom City Roller Derby, unless the Dom City Roller Derby indicates otherwise in writing.
6. If a complaint is found to be justified by the Dom City Roller Derby, the Dom City Roller Derby will, at its option, either replace or repair the delivered products free of charge.

Article 14 – Disputes

1. Contracts between the Dom City Roller Derby and the consumer to which these general conditions relate, are exclusively governed by Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 15 – Additional or different provisions

Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.