Terms and Conditions

Terms and Conditions of Unbound XR, located at:

Kerkenbos 1063F
6546 BB Nijmegen
Netherlands

Table of Contents

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off Period:the period within which the consumer can exercise their right of withdrawal;
  • Consumer:the natural person who is not acting in the exercise of their profession or business and enters into a distance contract with the entrepreneur;
  • Business Customer:the natural or legal person who places products and/or services on behalf of a company or organisation;
  • Day:calendar day
  • Long-term transaction:a distance contract relating to a series of products and/or services, the obligation to deliver and/or accept which is 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 unchanged reproduction of the stored information.
  • Right of Withdrawal:the option for the consumer to withdraw from the distance contract within the cooling-off period;
  • Model Form:The model withdrawal form that the entrepreneur provides, which a consumer can fill out if they wish to exercise their right of withdrawal.
  • Business Owner:the natural or legal person who offers products and/or services to customers remotely;
  • Distance Agreement:An agreement in which, as part of a system for distance selling of products and/or services organised by the entrepreneur, only one or more techniques for remote communication are used up to and including the conclusion of the agreement.
  • Remote Communication Technology:A means that can be used to conclude an agreement, without the customer and entrepreneur being in the same room at the same time.
  • Terms and Conditions:the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Unbound VR;
T/a Unbound XR
Kerkenbos 1063 M
6546 BB Nijmegen
Netherlands

Email Address: service@unboundxr.co.uk

Telephone Number: +31 85 1302 742

Companies House Number: 64147061

VAT Identification Number: NL859776761B01

Article 3 - Applicability

  • These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders established between the entrepreneur and the consumer.
  • Before the distance contract is concluded, the text of these general terms and conditions is 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 can be viewed at the entrepreneur's premises and they will be sent free of charge as soon as possible at the consumer's request.
  • If the distance contract is concluded electronically, deviating from the previous paragraph and before the distance contract is concluded, the text of these general 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, before the distance contract is concluded, it will be indicated where the general conditions can be accessed electronically, and that they will be sent free of charge electronically or by other means upon the consumer's request.
  • In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third clauses apply correspondingly, and in case of contradictory general conditions, the consumer can always rely on the applicable provision that is most favourable to them.
  • If one or more provisions in these general terms and conditions are void or nullified at any time in whole or in part, the agreement and these conditions will remain in effect for the rest. The relevant provision will be immediately replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.
  • Situations not covered by these terms and conditions should be assessed 'in the spirit' of these terms and conditions.
  • Any ambiguities regarding the explanation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

  • If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
  • The offer is non-binding. The entrepreneur reserves the right to change and modify the offer.
  • The offer includes a comprehensive and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or clear errors in the offer do not bind the entrepreneur.
  • All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  • Images of products are a faithful representation of the products on offer. The merchant cannot guarantee that the displayed colours exactly match the real colours of the products.
  • Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This specifically concerns:
    • the price including taxes;
    • the potential costs of shipping;
    • the method by which the agreement will be concluded and what actions are required for this;
    • the applicability or non-applicability of the right of withdrawal;
    • the method of payment, delivery and execution of the agreement;
    • the period of acceptance of the offer, or the period within which the entrepreneur guarantees the price;
    • the rate for remote communication if the costs of using the remote communication technology are calculated on a basis other than the regular basic rate for the used communication medium;
    • whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
    • the manner in which the consumer, before concluding the contract, can check and, if desired, rectify the information provided by him within the context of the contract;
    • the possible other languages in which, besides Dutch, the agreement can be concluded;
    • the codes of conduct to which the trader has committed 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 a continuous transaction.

Article 5 - The Agreement

  • The agreement is established, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
  • If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the acceptance of this agreement, the consumer can dissolve the agreement.
  • If the agreement is established electronically, the entrepreneur shall implement appropriate technical and organisational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer has the option to pay electronically, the entrepreneur will adhere to appropriate security measures.
  • The entrepreneur can - within legal frameworks - ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or application with reasons or to attach special conditions to the execution.
  • The entrepreneur will provide the consumer with 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 manner on a durable medium:
    • the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
    • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
    • the information on warranties and existing after-sales service;
    • the data specified 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 termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  • In the case of a long-term transaction, the provision in the previous clause applies only to the first delivery.
  • Every agreement is entered into subject to the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

Upon delivery of products:

  • Upon purchasing products, the consumer has the option to dissolve the agreement without providing any reasons within 14 days. This cooling-off period commences the day after the product is received by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
  • During the reflection 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 determine whether they wish to keep it. If they decide to exercise their right of withdrawal, they will return the product with all the accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the business owner.
  • When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the business within 14 days of receiving the product. The consumer should communicate this via the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must provide evidence that the goods have been returned in a timely manner, for example, by providing proof of shipment.
  • If the customer has not indicated after the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:

  • Upon the provision of services, the consumer has the option to terminate the agreement without giving any reasons, for at least 14 days, starting from the day of entering into the agreement.
  • To exercise his right of withdrawal, the consumer will adhere to the reasonable and clear instructions provided by the business at the time of the offer and/or no later than at the time of delivery.

Article 7 - Costs in Case of Revocation

  • If the consumer exercises their right of withdrawal, at most, the costs of return shipment will be borne by them.
  • If the consumer has paid an amount, the entrepreneur will reimburse this amount as soon as possible, but no later than 14 days after revocation. However, the condition is that the product has already been received back by the web retailer or conclusive evidence of complete return can be provided. Refund will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method.
  • Should the product be damaged due to careless handling by the consumer themselves, the consumer is liable for any potential depreciation of the product's value.
  • The consumer cannot be held responsible for the depreciation of the product if the trader has not provided all the legally required information about the right of withdrawal, this needs to be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the Right of Withdrawal

  • The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 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 good time before the conclusion of the agreement.
  • Exclusion of the right of withdrawal is only possible for products:
    • that have been implemented by the entrepreneur in accordance with the consumer's specifications;
    • that are clearly personal in nature;
    • that by their nature cannot be returned;
    • that can quickly spoil or age;
    • whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
    • for individual newspapers and magazines;
    • for audio and video recordings and computer software where the consumer has broken the seal;
    • for hygienic products where the consumer has broken the seal.
  • Exclusion of the right of withdrawal is only possible for services:
    • pertaining to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a certain period;
    • where the delivery has commenced with the express consent of the consumer before the cooling-off period has expired;
    • pertaining to 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 resulting from changes in VAT rates.
  • Notwithstanding the previous clause, the business operator may offer products or services whose prices are tied to fluctuations in the financial market and over which the business operator has no control, at variable prices. This linkage to fluctuations and the fact that any prices mentioned are indicative prices, will be stated in the offer.
  • Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  • Price increases from 3 months after the agreement has been established are only permitted if the trader has stipulated this and:
    • these are the result of legal arrangements or provisions; or
    • the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
  • The prices of products or services listed in our offer include VAT.
  • All prices are subject to typographical errors. No liability will be accepted for the consequences of such errors. In the event of typographical errors, the business owner is not obliged to supply the product at the incorrect price.

Article 10 - Conformity and Warranty

  • The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing at the time the agreement was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  • A warranty provided by the business owner, manufacturer, or importer does not detract from the statutory rights and claims that the consumer can assert against the business owner under the contract.
  • Any deliveries with defects or incorrectly delivered products must be reported in writing to the entrepreneur within 7 days of delivery. The return of the products should be in the original packaging and in as-new condition.
  • The warranty period provided by the trader corresponds with the manufacturer's warranty period. However, the trader 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.
  • For consumers, a statutory warranty period of 1 year applies after the purchase of the product (within the EU). For business customers and/or orders, a statutory warranty period of 1 year applies.
  • The warranty does not apply if:
    • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
    • the supplied products have been exposed to abnormal conditions or have otherwise been handled carelessly or are contrary to the instructions of the entrepreneur and/or have been handled in accordance with the packaging;
    • where the defectiveness is entirely or partially due to regulations that the government has set or will set regarding the nature or quality of the materials used.
    • when a product (for example, through a second-hand platform such as marketplace) is resold by a consumer.

Article 11 - Delivery and Implementation

  • The entrepreneur will exercise the utmost care when receiving and fulfilling product orders, as well as when assessing applications for the provision of services.
  • The place of delivery is the address that the consumer has made known to the company.
  • In accordance with what is stated in clause 4 of this article, the company will execute accepted orders with due diligence but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is experiencing delays, or if an order cannot be executed either fully or partially, the consumer will be notified of this no later than 30 days after they have placed the order. In this case, the consumer has the right to dissolve the contract without any costs. The consumer is not entitled to any compensation.
  • All delivery times are indicative. Consumers cannot derive any rights from any mentioned terms. Exceeding a term does not entitle the consumer to compensation.
  • In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount that the customer has paid as soon as possible, but no later than 14 days after termination.
  • If delivery of an ordered product proves impossible, the entrepreneur will strive to provide a replacement item. At the latest at delivery, it will be clearly and understandably communicated that a replacement item is being supplied. With replacement items, the right of withdrawal cannot be excluded. The costs of any potential return shipment are borne by the entrepreneur.
  • The risk of damage and/or loss of products rests with the business until the moment of delivery to the customer or a previously designated and known representative of the business, unless expressly agreed otherwise. However, as stated in Article 10, the customer must report within 7 days of receipt that the item has arrived defective.
  • In the event of a package going missing, the customer must notify us within 7 days that the package has not been received. These days are counted from the moment the package has been dispatched from the seller (and thus the track and trace code is active).

Article 12 - Long-term transactions: duration, termination, and extension

Cancellation

  • The consumer can terminate a contract that has been entered into for an indefinite period and that serves for the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of at most one month.
  • The consumer can terminate a contract that has been entered into for a specific period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the specified duration, adhering to the agreed termination rules and a notice period of no more than one month.
  • The consumer can enact the agreements mentioned in the previous sections:
    • cancel at any time and not be limited to cancellation at a specific time or during a specific period;
    • at least terminate in the same manner as they were entered into by him;
    • always able to cancel with the same notice period as the entrepreneur has stipulated for themselves.

Extension

  • A contract that has been entered into for a specific period of time and which is aimed at the regular delivery of products (including electricity) or services, may not be implicitly extended or renewed for a specific duration.
  • Notwithstanding the previous paragraph, a contract that has been entered into for a specific period and which pertains to the regular delivery of daily, news, and weekly papers and magazines may be tacitly extended for a specific period of up to three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.
  • A contract that has been entered into for a fixed term and which aims to regularly deliver products or services, may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the case the contract aims to regularly, but less than once a month, deliver daily, news and weekly papers and magazines.
  • A fixed-term agreement for the regular introductory delivery of daily, news and weekly papers, and magazines (trial or introductory subscription) will not be tacitly continued and automatically ends at the conclusion of the trial or introductory period.

Expensive

  • If an agreement has a duration of more than a year, the consumer may, after a year, terminate the agreement at any time with a notice period of at most one month, unless fairness and reasonableness object to termination before the end of the agreed duration.

Article 13 - Payment

  • Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
  • The consumer has the duty to promptly report inaccuracies in provided or stated payment details to the entrepreneur.
  • In the event of consumer default, the entrepreneur, subject to legal restrictions, has the right to charge the consumer for reasonable costs made known in advance.

Article 14 - Complaints Procedure

  • The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  • Complaints about the execution of the agreement must be submitted to the business owner in a complete and clear manner within 7 days, after the consumer has noticed the defects.
  • Complaints submitted to the trader will be responded to within a period of 14 days counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader 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.
  • If the complaint cannot be resolved through mutual agreement, a dispute arises that is eligible for the dispute resolution procedure.
  • In the event of complaints, a consumer should first address the matter with the business. If complaints cannot be resolved through mutual dialogue, the consumer should then turn to
  • WebwinkelKeur Foundation (www.webwinkelkeur.nl) will mediate for free. If a resolution is still not reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by the WebwinkelKeur Foundation. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr.
  • A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
    If a complaint is found to be justified by the trader, the trader will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Prohibition of Automated Data Collection (Scraping)

  • Users of the Unbound XR website are strictly prohibited from using automated means to collect, copy or extract data from the website, including, but not limited to, the use of scrapers, bots, spiders, crawlers, and other similar technologies without prior written consent from Unbound XR.
  • Tax on server and damage to performance: The use of such technologies can lead to an excessive load on our servers, which undermines the performance of the website and the experience of other users. This can directly lead to a loss of revenue for Unbound XR as a result of reduced accessibility and functionality of our services.
  • Fine and Compensation for Violation: In case of violation of this prohibition, Unbound XR will be entitled to impose a fine of at least €5,000 per violation, irrespective of our right to claim additional compensation if the actual damage proves to be higher. This fine is intended to cover the damage resulting from server load, loss of revenue, and the costs of legal proceedings.
  • Enforcement and Measures: Unbound XR reserves the right, in the event of a violation of this article, to immediately block access to the website and take legal action, including the recovery of damages and the costs of the legal proceedings. Users who contravene this article may also be subject to criminal prosecution, depending on the severity of the violation and the applicable law.
  • Termination of Access: In the event of a violation, Unbound XR can immediately terminate the user's access to the website without prior notice.

Article 16 - Disputes

  • Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively subject to Dutch law. This applies even if the consumer resides abroad.
  • The Vienna Sales Convention does not apply.

Article 17 - Additional or Deviating Provisions

Supplementary or deviating provisions from these general 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.