Terms and Conditions

Terms and Conditions Skate Doctor (by Skate Dokter)

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 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional guarantee
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, termination, and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions

Article 1 – Definitions In these terms and conditions, the following terms are understood to mean:

Additional agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract and these goods, digital content, and/or services are provided by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Long-term contract: a contract that extends to the regular delivery of goods, services and/or digital content over a certain period;
Durable data carrier: any tool – including email – that allows the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use during a period that is tuned to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, in which, until the conclusion of the contract, exclusive or joint use is made of one or more techniques for communication at a distance;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal regarding his order;
Technology for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur having to be simultaneously in the same room.

Article 2 – Identity of the entrepreneur

Skatedokter
Jan van Galenstraat 135
1056BM Amsterdam.

Telephone number: +31 202600055
Email address: info@skatedokter.nl
Chamber of Commerce number: 34336882
VAT identification number: NL131709525B02

If the activity of the entrepreneur is subject to a relevant licensing system: the details of the supervisory authority.

If the entrepreneur exercises a regulated profession:

the professional association or organization to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it was awarded;
a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can 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 consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In case that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraph apply mutatis mutandis and in case of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to him.

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 contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.

Article 5 – The agreement

The agreement is established, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set therein.
If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is established electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
Within legal frameworks, the entrepreneur can inquire 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 the entrepreneur has good grounds to not enter into the agreement based on this investigation, he is entitled to refuse an order or request or to attach special conditions to the execution.
At the latest upon delivery of the product, the service or digital content to the consumer, the entrepreneur will send 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 data carrier: a. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints; b. the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; c. information about guarantees and existing service after purchase; d. the price including all taxes of the product, service or digital content; if applicable the delivery costs; and the method of payment, delivery or execution of the distance contract; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration; f. if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal For products:

The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel him to state his reason(s).
The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or: a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this before the ordering process, refuse an order of multiple products with different delivery times. b. if the delivery of a product consists of various shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part; c. in case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that has not been delivered on a tangible medium:

The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel him to state his reason(s).
The cooling-off period referred to 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 non-informing about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period, in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months from the start date of the original cooling-off period, the cooling-off period ends 14 days after the day on which the consumer has received that information.

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the consumer’s right of withdrawal and associated costs

If the consumer exercises their right of withdrawal, they communicate this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur.
As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back or hands it over to (an agent of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he sends the product back before the cooling-off period has expired.
The consumer sends the product back with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of returning.
If the consumer withdraws after first expressly requesting that the service’s execution or the supply of gas, water or electricity not prepared for sale commences in a limited volume or quantity during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared to the full compliance with the obligation.
The consumer does not bear costs for the performance of services or the supply of water, gas or electricity, which are not ready for sale in a limited volume or quantity, or for the supply of district heating, if: a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or; b. the consumer has not explicitly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
The consumer does not bear costs for the full or partial delivery of digital content not provided on a material carrier, if: a. he has not expressly agreed to begin fulfilling the agreement before the end of the cooling-off period; b. he has not acknowledged losing his right of withdrawal when giving his consent; or c. the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all additional agreements are automatically dissolved.

Article 9 – Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes it possible for the consumer to report withdrawal electronically, he will send an acknowledgment of receipt immediately upon receipt of this notification.
The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to reimburse until he has received the product or until the consumer demonstrates that he has returned the product, whichever is sooner.
For reimbursement, the entrepreneur uses the same payment method that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly mentioned this in the offer, at least before the conclusion of the agreement:

Products or services whose price is bound to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
Service contracts, after full execution of the service, but only if: a. the execution has begun with the explicit prior consent of the consumer; and b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
Package travel as referred to in article 7:500 BW and contracts for passenger transport;
Service contracts for the provision of accommodation, if the contract specifies a certain date or period of execution and other than for residential purposes, goods transport, car rental services, and catering;
Contracts for leisure activities, if the contract specifies a certain date or period of execution;
Products manufactured according to specifications of the consumer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that perish quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that have irreversibly mixed with other products after delivery;
Alcoholic beverages the price of which was agreed upon at the conclusion of the contract, but delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, the seals of which have been broken after delivery;
Newspapers, magazines, or magazines, with the exception of subscriptions to these;
The delivery of digital content other than on a tangible medium, but only if: a. the execution has begun with the explicit prior consent of the consumer; and b. the consumer has declared that he loses his right of withdrawal with this.

Article 11 – 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 as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services the prices of which are bound to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices quoted are indicative are stated in the offer.
Price increases within 3 months after 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 conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: a. they are the result of legal regulations or provisions; or b. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 – Compliance with agreement and additional warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing at the time the agreement was established. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
An extra warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur if the entrepreneur has failed to fulfill their part of the agreement.
Additional warranty means any obligation by the entrepreneur, their supplier, importer, or producer, in which they grant certain rights or claims to the consumer that go beyond what they are legally obliged to do if they fail to fulfill their part of the agreement.

Article 13 – Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing product orders and when evaluating requests for the provision of services.
The delivery location is the address that the consumer has communicated to the entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 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 no later than 30 days after he placed the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative pre-designated and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 – Long-term transactions: duration, termination, and extension Termination:

The consumer can terminate an agreement that has been entered into for an indefinite period and that 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 a contract that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services, at any time by 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 in a certain period;
at least in the same way as they were entered into by him;
always with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

A contract that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services, may not be silently extended or renewed for a specific duration.
Notwithstanding the previous paragraph, a contract that has been entered into for a specific period and that extends to the regular delivery of daily newspapers, and magazines may be silently extended for a specific period of up to 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.
A contract that has been entered into for a specific period and that extends to the regular delivery of products or services may only be silently extended for an indefinite period if the consumer may at all times terminate with a notice period of at most one month. The notice period is 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 to the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not silently 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 oppose termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise agreed in the contract or additional terms, the amounts due by the consumer must be paid within 14 days after the commencement of the cooling-off period, or if there is no cooling-off period, within 14 days after concluding the contract. In the case of a contract for the provision of a service, this period starts on the day after the consumer has received confirmation of the contract.
In the sale of products to consumers, the consumer may never be obliged in general terms to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot exercise any right regarding the execution of the respective order or service(s) until the stipulated advance payment has been made.
The consumer has the duty to promptly report inaccuracies in provided or stated payment information to the entrepreneur.
If the consumer does not fulfill his payment obligation(s) on time, after being notified by the entrepreneur about the late payment and the entrepreneur has given the consumer a 14-day period to still meet his payment obligations, after the absence of payment within this 14-day period, the legal interest on the remaining amount is due and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur can deviate from these amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more extensive answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period a dispute arises that is susceptible to dispute resolution.

Article 17 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions must 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 medium.