General Terms and Conditions

Willem II General Terms and Conditions

Table of contents:

Article 1 - Definitions
Article 2 - Applicability
Article 3 - The offer
Article 4 - The Agreement
Article 5 - Right of withdrawal
Article 6 - Obligations of the consumer during the cooling-off period
Article 7 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 8 - Obligations of Willem II upon revocation
Article 9 - Exclusion of the right of withdrawal
Article 10 - The price
Article 11 - Compliance
Article 12 - Delivery and execution
Article 13 - Liability
Article 14 - Force Majeure
Article 15 - Complaints procedure
Article 16 - Disputes

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings:

1. Supplementary agreement : an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are supplied by Willem II or by a third party on the basis of an agreement between that third party and Willem II;
2. Reflection period : the period within which the consumer can make use of his right of withdrawal;
3. Consumer : the natural person who is not acting for purposes relating to his trade, business, craft or profession;
4. Day : calendar day;
5. Digital content : data produced and supplied in digital form;
6. Durable medium : any instrument - including email - that enables the consumer or Willem II to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate to the purpose for which the information is intended and which allows for the unchanged reproduction of the stored information;
7. Willem II : the professional football organisation Willem II BV, Goirleseweg 34, 5026 PC Tilburg, Chamber of Commerce number: 18064000;
8. Right of withdrawal : the option for the consumer to cancel the distance contract within the cooling-off period;
9. Distance contract : an agreement concluded between Willem II and the consumer within the framework of an organised system (the Webshop) for the distance sale of products and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;
10. Remote communication technology : a means that can be used to conclude an agreement without the consumer and Willem II employees having to be in the same room at the same time, such as but only a personal computer with an internet connection or a smartphone with an internet connection.
11. Webshop : the official fan shop on the official Willem II website, which can be reached via the URL http://www.willem-ii.nl .

Article 2 - Applicability

1. These terms and conditions apply to every offer from Willem II and to every distance contract concluded between Willem II and the consumer, resulting from the consumer's use of the Webshop. These terms and conditions do not apply to online ticket sales for Willem II matches.
2. 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
3. The Privacy Statement, as included on the Website, applies accordingly.

Article 3 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If Willem II uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on Willem II, and the consumer cannot derive any rights from them.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 4 - The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein, including but not limited to paying the purchase price of the product and/or service.
2. If the consumer has accepted the offer electronically, Willem II will immediately confirm receipt of acceptance of the offer electronically. As long as Willem II has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, Willem II will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Willem II will implement appropriate security measures.
4. Willem II may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, Willem II has good reason not to enter into the contract, Willem II is entitled to refuse an order or request with reasons or to impose special conditions on its execution.
5. Willem II will send the following information to the consumer at the latest upon delivery of the product and/or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
6. the visiting address of the Willem II branch where consumers can go with complaints;
7. 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;
8. the information about warranties and existing after-sales service;
9. the price including all taxes of the product and/or service; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
10. If the consumer has a right of withdrawal, the model withdrawal form which the consumer can complete and send via the Webshop.

Article 5 - Right of withdrawal

For products:

1. The consumer can cancel a product purchase agreement within a cooling-off period of up to 14 days without giving any reason. Willem II may ask the consumer for the reason for cancellation, but is not obligated to state their reason(s).
2. The reflection period referred to in paragraph 1 commences 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:
3. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. Willem II may refuse an order for multiple products with different delivery times, provided it has clearly informed the consumer of this prior to the ordering process.
4. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;

1. for contracts for regular delivery of products over a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.

For services and digital content not supplied on a tangible medium:

3. The consumer can cancel a service agreement and a contract for the supply of digital content not delivered on a tangible medium within a maximum of 14 days without giving any reason. Willem II may ask the consumer for the reason for cancellation, but is not obligated to state their reason(s).
4. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content not delivered on a tangible medium if no information is provided about the right of withdrawal:

5. If Willem II has not provided the consumer with the legally required information about the right of withdrawal or has not included a withdrawal form in the Webshop, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If Willem II has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

Article 6 - Consumer obligations during the cooling-off period

1. During the cooling-off 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 the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
2. The consumer is only liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if Willem II has not provided them with all legally required information about the right of withdrawal before or at the time of concluding the agreement. A reference to these general terms and conditions, which include the information about the right of withdrawal, is sufficient in this regard.

Article 7 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he shall notify Willem II of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product to Willem II, for the attention of the Webshop. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.
3. The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Willem II.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If Willem II has not stated that the consumer must bear these costs, or if Willem II indicates that it will bear the costs itself, Willem II is not required to bear the return costs.
6. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 8 - Obligations of Willem II upon revocation

1. If Willem II makes it possible for the consumer to notify withdrawal electronically, he will immediately send an acknowledgement of receipt after receiving this notification.
2. Willem II will reimburse all payments made by the consumer, including any delivery costs charged by Willem II for the returned product, without delay but within 28 days following the day on which the consumer notifies Willem II of the cancellation.
3. Willem II will use the same payment method the consumer used for reimbursement, unless the consumer agrees to a different method. Refunds are free of charge for the consumer.
4. If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, Willem II is not obliged to reimburse the additional costs for the more expensive method.

Article 9 - Exclusion of right of withdrawal

Willem II may exclude the following products and services from the right of withdrawal, but only if Willem II has clearly stated this in the offer, at least in good time before the agreement is concluded:

1. Personalized products. An example of a personalized product is a Willem II match shirt with the consumer's name or a Willem II player's name printed on the back.
2. Audio and video recordings and computer software of which the consumer has broken the seal.
3. Time-bound products, for example a journal/magazine.

Article 10 - The price

1. The prices stated for the products and/or services offered are in euros, including VAT and excluding shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
2. If the consumer has multiple discount codes, the consumer can only use one discount code for the transaction.
3. Payment must be made immediately upon acceptance of the offer.
4. Payment can be made in one of the ways indicated during the ordering process. Additional payment/order terms may be added to the order.
5. There's a €1.50 fee for gift wrapping orders. This option appears at the bottom of the shopping cart page.
6. If the consumer fails to make any payment, Willem II is entitled to suspend or terminate the relevant agreement and related agreements.
7. To complete and process the transaction, we use payment service provider Mollie. In this context, customer personal data is shared with Mollie.

Article 11 - Compliance with agreement

1. Willem II warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement is concluded.
2. Ownership of the ordered product will only be transferred to the consumer after Willem II has received the agreed purchase price.

Article 12 - Delivery and execution

1. Willem II will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to Willem II.
3. Subject to the provisions of Article 4 of these general terms and conditions, Willem II will fulfill accepted orders expeditiously, but no later than 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 terminate the agreement free of charge.
4. After dissolution in accordance with the previous paragraph, Willem II will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with Willem II until the moment of delivery to the consumer or a previously designated representative made known to Willem II, unless expressly agreed otherwise.

Article 13 - Liability

1. Willem II's liability will always be limited to the amount covered by Willem II's liability insurance in the relevant case. If Willem II's liability insurance does not pay out, Willem II's liability will be limited to the value of the consumer's invoice to which the dispute relates.
2. Willem II is never liable for indirect or consequential damage, unless this damage is the result of gross negligence or intent on the part of Willem II.
3. Notwithstanding the foregoing, Willem II shall not be liable if the damage is due to intent and/or gross negligence and/or culpable conduct, or due to improper or inappropriate use by the customer.
4. If it is demonstrated that the products do not reasonably correspond to the agreement, Willem II has the choice to replace the product in question with a new product upon its return or to refund the purchase price in full or in part to the customer.

Article 14 – Force Majeure

1. Without prejudice to its other rights, Willem II shall have the right, in the event of force majeure, at its own discretion, to suspend the execution of the order placed or to dissolve the agreement in whole or in part without judicial intervention, by notifying the customer in writing and without Willem II being liable for any form of compensation.
2. Force majeure is defined, in addition to its definition in law and case law, as all external causes, whether foreseen or unforeseen, beyond Willem II's control, which prevent Willem II from fulfilling its obligations. Force majeure affecting suppliers is also covered by this provision.

Article 15 - Complaints procedure

1. Complaints regarding the performance of the agreement must be submitted to Willem II fully and clearly described within a reasonable time, but no later than 7 days after the consumer has discovered the defects.
2. Complaints submitted to Willem II will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Willem II will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
3. The consumer must give Willem II at least four weeks to resolve the complaint amicably. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 16 - Disputes

1. Agreements between Willem II and the consumer to which these terms and conditions apply are governed exclusively by Dutch law. The court in the district where Willem II resides has exclusive jurisdiction to settle the dispute.