Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
3. Day: calendar day;
4. Continuing performance transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
7. Model withdrawal form: the model withdrawal form made available by the trader that a consumer can complete when wishing to exercise their right of withdrawal;
8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract in which, within the framework of a system organised by the trader for the distance selling of products and/or services, exclusively one or more means of distance communication are used up to the conclusion of the contract;
10. Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being together in the same place at the same time;
11. Terms and Conditions: these Terms and Conditions of the trader.

Article 2 – Identity of the trader

Email address: info@tacticaltrophy.com
Chamber of Commerce number (KvK): 93837925
VAT identification number: NL005046212B50

Article 3 – Applicability

1. These Terms and Conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these 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 terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then notwithstanding the previous paragraph and before the distance contract is concluded, the text of these 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 medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms the consumer may always rely on the provision that is most favourable to them.
5. If one or more provisions of these terms and conditions are at any time wholly or partially null and void or annulled, the contract and these terms shall otherwise remain in force, and the provision concerned shall be replaced by mutual agreement without delay by a provision that approximates the intent of the original as closely as possible.
6. Situations not covered by these terms and conditions are to be assessed in the spirit of these terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of these terms must be interpreted in the spirit of these terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer.
2. The offer is without obligation. The trader is entitled to change and adjust 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 assess the offer properly. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
4. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the contract.
5. Images of products are a truthful representation of the products offered. The trader cannot guarantee that the colours shown exactly match the actual colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular: the price including taxes; any shipping costs; how 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 performance of the contract; the period for accepting the offer, or the period within which the trader guarantees the price; whether the contract is archived after conclusion and, if so, how the consumer can consult it; how the consumer can check and, if desired, correct the data they provided before concluding the contract; any other languages in which, besides Dutch, the contract can be concluded; and the minimum duration of the distance contract in the case of a continuing performance transaction.

Article 5 – The contract

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the trader will take 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 trader will observe appropriate security measures.
4. The trader may – within statutory frameworks – inform themselves as to whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
5. The trader will send the consumer 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, at the latest with the product or service: the visiting address of the trader'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 statement regarding the exclusion of the right of withdrawal; information about guarantees and existing after-sales service; the data referred to in Article 4(3), unless the trader has already provided this to the consumer before performance of the contract; the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of a continuing performance transaction, the provision of the previous paragraph applies only to the first delivery.
7. Every contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

For the delivery of products:
1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.
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 assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the trader within 14 days of receipt of the product. The consumer must do this using the model withdrawal form. After the consumer has made known that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
4. If the consumer has not made known that they wish to exercise their right of withdrawal, or has not returned the product to the trader after expiry of the periods referred to in paragraphs 2 and 3, the purchase is final.

For the delivery of services:
1. For the delivery of services, the consumer has the option to dissolve the contract without giving reasons for at least 14 days, commencing on the day the contract is concluded.
2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 – Costs in the event of withdrawal

1. If the consumer exercises their right of withdrawal, they bear at most the costs of return shipment.
2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the product has already been received back by the web shop operator, or that conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
3. In the event of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation in the value of the product.
4. The consumer cannot be held liable for depreciation of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase contract.

Article 8 – Exclusion of the right of withdrawal

1. The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products: made by the trader in accordance with the consumer's specifications; that are clearly personal in nature; that by their nature cannot be returned; that can perish or age quickly; whose price is tied to fluctuations in the financial market over which the trader has no influence; individual newspapers and magazines; audio and video recordings and computer software whose seal the consumer has broken; hygiene products whose seal the consumer has broken.
3. Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period; whose performance has begun, with the consumer's express consent, before the cooling-off period has expired; concerning betting and lotteries.

Article 9 – The price

1. During the period of validity 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.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are tied to fluctuations in the financial market over which the trader has no influence at variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be indicated with the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and: they result from statutory regulations or provisions; or the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices stated 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 printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and guarantee

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.
3. Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. The products must be returned in their original packaging and in as-new condition.
4. The trader's guarantee period corresponds to the manufacturer's guarantee 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.
5. The guarantee 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 delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the trader and/or on the packaging; the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

1. The trader will exercise the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the trader.
7. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing performance transactions: duration, termination and renewal

Termination
1. The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month.
2. The consumer may at any time terminate a contract entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services, at the end of the fixed term, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month.
3. The consumer may terminate the contracts referred to in the previous paragraphs: at any time and not be restricted to termination at a specific time or in a specific period; at least in the same way as they were entered into; always with the same notice period as the trader has stipulated for itself.

Renewal
1. A contract entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
2. Notwithstanding the previous paragraph, a contract entered into for a fixed period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
3. A contract entered into for a fixed period and 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 period of no more than one month, and a notice period of no more than three months where the contract extends to the regular but less than once-monthly delivery of daily, news and weekly newspapers and magazines.
4. A contract of limited duration for the regular trial delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration
1. If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days of the start of the cooling-off period referred to in Article 6(1). In the case of a contract to provide a service, this period begins after the consumer has received confirmation of the contract.
2. The consumer has the duty to report inaccuracies in payment details provided or stated to the trader without delay.
3. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

1. The trader has a sufficiently well-publicised complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the trader are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In the case of complaints, a consumer should first turn to the trader. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
7. If a complaint is found to be justified by the trader, the trader will, at its option, either replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Contracts between the trader and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention (CISG) does not apply.

Article 16 – Additional or deviating provisions

Additional provisions or provisions deviating from these 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 manner on a durable medium.