Terms and Conditions
Terms and Conditions of Unbound XR, located at:
Kerkenbos 1063F
6546 BB Nijmegen
The Netherlands
Table of Contents
- Article 1 - Definitions
- Article 2 - Identity of the entrepreneur
- Article 3 - Applicability
- Article 4 - The offer
- Article 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 - Conformity and warranty
- Article 11 - Delivery and execution
- Article 12 - Duration transactions: duration, cancellation and extension
- Article 13 - Payment
- Article 14 - Complaints procedure
- Article 15 - Disputes
- Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these conditions, the following terms shall be understood to mean:
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a 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;
- Duration transaction: a distance contract with respect to a series of products and/or services, the obligation to deliver and/or purchase of 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 unaltered reproduction of the stored information.
- Right of withdrawal: the opportunity for the consumer to withdraw from the distance contract within the reflection period;
- Model form: the model form for withdrawal that the entrepreneur makes available to a consumer who wants to make use of his right of withdrawal.
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: a contract in which, within the framework of a system for distance selling of products and/or services organised by the entrepreneur, only one or more techniques for distance communication are used up to and including the conclusion of the contract;
- Technique for communication at a distance: a means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously present in the same room.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Unbound VR;
Kerkenbos 1063 M
6546 BB Nijmegen
The Netherlands
Email address: service@unboundxr.co.uk
Telephone number: +31 85 1302 742
Chamber of Commerce 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 concluded between entrepreneur and 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur and they will be sent to the consumer as soon as possible free of charge at his request.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that they 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 contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge to the consumer at his request, either electronically or in some other way.
- In case specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraph apply by analogy and in case of conflicting general terms and conditions, the consumer can always appeal to the applicable provision that is most favourable to him.
- If one or more provisions in these general terms and conditions at any time are wholly or partially null and void or are annulled, the agreement and these conditions remain otherwise in force and the provision in question will be replaced by mutual consultation without delay by a provision that approximates the purport of the original as closely as possible.
- Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
- Uncertainties about the interpretation 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 validity or is made under conditions, this is explicitly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
- The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications data in the offer are indicative and cannot be a reason for compensation or termination of the contract.
- Images with products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are connected to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the way in which the contract will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the contract;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
- whether the contract is archived after its conclusion, and if so, how the contract can be consulted by the consumer;
- the way in which the consumer can check and if necessary correct the information he has provided in the context of the contract, before the contract is concluded;
- any other languages, besides Dutch, in which the contract can be concluded;
- the codes of conduct to which the entrepreneur has submitted 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 extended transaction.
Article 5 - The contract
- The contract is concluded, 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.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the 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 contract.
- Should the agreement be made electronically, the entrepreneur will implement appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will adhere to suitable security measures.
- Within legal boundaries, the entrepreneur can inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors relevant for responsibly concluding a distance agreement. If the entrepreneur has good reason, based on this investigation, not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to its execution.
- The entrepreneur will provide the consumer with the following information, 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 business premises where the consumer can lodge complaints;
- the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about warranties and existing after-sales service;
- the data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with this data before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
- In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
- Each agreement is made under the suspensive condition of sufficient availability of the respective products.
Article 6 - Right of withdrawal
Upon delivery of products:
- When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day following the receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
- During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known using the model form. After the consumer has expressed the desire to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of a proof of shipment.
- If the customer has not announced that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods specified in paragraphs 2 and 3, the purchase is a fact.
Upon delivery of services:
- When services are delivered, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, commencing on the day of entering the agreement.
- To exercise his right of withdrawal, the consumer will adhere to the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, the maximum cost of return shipping will be at their expense.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted. Refund will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method.
- If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any diminished value of the product.
- The consumer cannot be held liable for any diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the sales agreement.
Article 8 - Exclusion of the right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- 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 of which the consumer has broken the seal;
- for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
- whose delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
- concerning betting and lotteries.
Article 9 - The price
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
- Contrary to 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, at variable prices. These fluctuations and the fact that any stated prices are target prices will be stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the power to terminate the agreement from the day the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
- Any warranty provided by the entrepreneur, manufacturer or importer does not detract from the legal rights and claims that the consumer can enforce against the entrepreneur based on the agreement.
- Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Return of the products should be done in the original packaging and in new condition.
- The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur 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 edited the delivered products themselves or has had them repaired and/or edited by third parties;
- the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
- the inadequacy is wholly or partially the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
- when a product (for example via a second-hand platform such as marketplace) is resold by the consumer.
Article 11 - Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or only partially, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a term does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will repay the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded with replacement items. The costs of any return shipment are at the expense of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.
- In case of a missing package, it must be made known within 20 days that the package has not been received by the customer. These days start from the moment the package is sent from the seller (and the track and trace code is thereby active).
Article 12 - Duration transactions: duration, termination and extension
Termination
- The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to 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 an agreement that has been entered into for a certain period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the specified duration with due observance of the agreed termination rules and a notice period of at most one month.
- The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and not be limited to termination at a certain time or during a certain period;
- at least terminate 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.
Extension
- An agreement that has been entered into for a certain period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a certain period.
- Contrary to the previous paragraph, an agreement that has been entered into for a certain period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a certain period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
- An agreement that has been entered into for a certain period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with limited duration for the regular introduction of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and automatically ends after the trial or introductory period.
Duration
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after a year with a notice period of at most one month, unless reasonableness and fairness resist termination before the end of the agreed duration.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
- The consumer has the duty to report inaccuracies in provided or stated payment details immediately to the entrepreneur.
- In the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously announced to the consumer.
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 fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
- 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 period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement.
- In case of complaints, a consumer must first turn to the entrepreneur. If complaints cannot be resolved in mutual consultation, the consumer should turn to
- Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free.If a solution is not reached, the consumer has the option to have his 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 must be paid by the consumer 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 entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will choose to either replace or repair the delivered products free of charge.
Article 15 - Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Article 16 - 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 way on a durable data carrier.