General Terms and Conditions of Willem II

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 reflection period
Article 7 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 8 - Obligations of Willem II in case of withdrawal
Article 9 - Exclusion of right of withdrawal
Article 10 - The price
Article 11 - Performance
Article 12 - Delivery and execution
Article 13 - Liability
Article 14 - Force Majeure
Article 15 - Complaints
Article 16 - Disputes

Article 1 - Definitions

In these terms and conditions the following definitions apply:

1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these products, digital content and/or services are delivered by Willem II or by a third party on the basis of an agreement between that third party and Willem II;
2. Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Durable Data Carrier: any tool - including e-mail - that enables the consumer or Willem II to store information addressed to him personally in a manner that allows for future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
7. Willem II: the professional soccer organization Willem II B.V., Goirleseweg 34, 5026 PC Tilburg, KVK: 18064000;
8. Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period;
9. Distance contract: an agreement entered into between Willem II and the consumer within the framework of an organized system (the Webshop) for the distance sale of products and/or services, whereby, up to and including the moment at which the agreement is concluded, sole or joint use is made of one or more techniques for distance communication;
10. Technique for distance communication: means that can be used to conclude an agreement without the consumer and Willem II employees having to be in the same place at the same time, such as, but not limited to, a personal computer with an internet connection or a smartphone with an internet connection
11. Webshop: the official fanshop on Willem II's official website, which can be accessed via the URL http://www.willem-ii.nl.

Article 2 - Applicability

1. These general conditions apply to any offer made by Willem II and to any distance contract concluded between Willem II and a consumer, resulting from the use of the Webshop by the consumer. These general conditions do not apply to online ticket sales for Willem II's matches.
2. If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions will be made available to the consumer by electronic means 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 consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in another way.
3. The Privacy Statement, as included on the Website, applies accordingly.

Article 3 - The offer

1. If an offer has a limited duration 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 make a proper assessment of the offer. If Willem II uses images, they are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding to Willem II and no rights can be derived by the consumer 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. The agreement is concluded, subject to the provisions of paragraph 4, at the time of the consumer accepting the offer and meeting the conditions set, including but not limited to payment of 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 electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Willem II, the consumer may dissolve the agreement.
3. If the agreement is created electronically, Willem II will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer can pay electronically, Willem II will observe appropriate safety measures.
4. Willem II may - within legal limits - investigate whether the consumer can fulfill his payment obligations, and all those facts and factors which are important for a sound conclusion of the distance contract. If, based on this investigation, Willem II has good reason not to enter into the agreement,
5. Willem II is entitled to refuse an order or application or to attach special conditions to its execution.
   No later than at the time of delivery of the product and / or service to the consumer, Willem II will send the following information in writing or in such a way that the consumer can be stored in an accessible manner on a durable medium:
6. The visiting address of the Willem II branch where the consumer can lodge complaints;
7. The conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. the information on guarantees and existing service after purchase;
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 the right of withdrawal, the model form for withdrawal which the Consumer can fill in and send via the Webshop.

Article 5 - Right of withdrawal

In case of products:

1. The consumer can terminate an agreement related to the purchase of a product during a reflection period of up to 14 days without giving any reason. Willem II may ask the consumer for the reason for his/her withdrawal, but may not require him/her to provide any reason(s).
   The cooling-off period mentioned in paragraph 1 will commence on the day after the consumer, or a third party designated by the consumer in advance and who is not the carrier, has received the product, or:
   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. Willem II may, provided it has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
   If the delivery of a product consists of several 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;
   in case of contracts 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 not supplied on a tangible medium:

The consumer may dissolve a service contract and a contract for the delivery of digital content not delivered on a tangible medium for a maximum of 14 days without giving reasons. Willem II may ask the consumer for his/her reason for revoking the contract, but may not oblige the consumer to state his/her reason(s).
The cooling-off period referred to in paragraph 3 will commence on the day following the conclusion of the agreement.
 Extended cooling-off period for products, services and digital content that is not supplied on a tangible carrier in the event that the consumer is not informed about the right of withdrawal:

If Willem II has not provided the consumer with the legally required information about the right of withdrawal or has not included a form to request a withdrawal 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.
If Willem II has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer has received this information.

Article 6 - Obligations of the consumer during the cooling-off period

During the reflection period, the consumer will treat the product and its 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 starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for decrease in value of the product which 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 any decrease in the value of the product if Willem II has not provided him/her with all the 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 information about the right of withdrawal, will suffice in that regard.

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

Should the consumer exercise his right of withdrawal, he shall notify Willem II thereof within the cooling-off period by means of the model withdrawal form or in any other unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will send the product back to Willem II, for the attention of the Webshop. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions given by Willem II.
The risk and burden of proof of 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 Willem II has not indicated that the consumer should bear these costs, or if Willem II indicates that it will bear the costs itself, Willem II will not have to bear the costs of return shipment.
If the consumer exercises his/her right of withdrawal, all additional agreements will be terminated by operation of law.

Article 8 - Obligations of Willem II at withdrawal

If Willem II makes it possible for the consumer to notify his/her withdrawal electronically, it will send an acknowledgement of receipt without delay.
Willem II will reimburse all payments of the consumer, including any delivery costs charged by Willem II for the returned product, without delay but within 28 days following the day the consumer notifies him/her of the withdrawal.
Willem II will use the same means of payment as the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement will be free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Willem II does not have to refund 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 clearly indicates this in the offer, at least in time for the conclusion of the agreement:

Products that are personalized. An example of a personalized product is a Willem II match shirt with the name of the consumer or a player of Willem II printed on the back.
Audio and video recordings and computer software of which the consumer has broken the seal.
Time-based products, for example a magazine.

Article 10 - The price

The prices stated for the products and/or services offered are in euros, inclusive of VAT and exclusive of shipping costs, any taxes or other levies, unless otherwise stated or agreed upon in writing.
Payment must be made immediately upon acceptance of the offer.
Payment can be made in (one of) the way(s) as indicated during the ordering process. Further (payment/order) conditions may be attached to the order.
A fee of €1.50 is charged for wrapping orders as gifts. This option appears at the bottom of the shopping cart page.
If the consumer fails to make any payment, Willem II will be entitled to suspend or dissolve (the execution of) the relevant agreement and any related agreements.
To realize and process the transaction, payment service provider Mollie will be used. In this context, personal data of customers are shared with Mollie. 

Article 11 - Fulfilment of agreement

Willem II guarantees that the products and / or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
Ownership of the ordered product will not pass to the consumer until Willem II has received the agreed purchase price.

Article 12 - Delivery and execution

Willem II will take the utmost care in receiving and executing orders for products and assessing applications for the provision of services.
The place of delivery is the address the consumer has given to Willem II.
Subject to what is stated in Article 4 of these general conditions, Willem II will execute accepted orders with diligence but within 30 days, unless a different delivery period is agreed. If delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge.
After dissolution in accordance with the previous paragraph, Willem II will refund the amount paid by the consumer without delay.
The risk of damage and / or loss of products rests with Willem II until the time of delivery to the consumer or a pre-designated and Willem II announced representative, unless otherwise expressly agreed.

Article 13 - Liability

The liability of Willem II will always be limited to the amount that its liability insurance provides in the case in question. In the event Willem II's liability insurance does not pay out, liability is limited to the value of the consumer's invoice to which the dispute relates.
Willem II is never liable for indirect or consequential damages, unless these damages are the result of gross negligence or intent on the part of Willem II.
Notwithstanding the above, Willem II is not liable if the damage is due to intentional and / or gross negligence and / or imputable actions, or by injudicious or improper use by the customer.
If it is proven that the products do not reasonably meet the agreement, Willem II has the choice to replace the product with a new product upon return of the product or to refund the purchase price in whole or in part to the customer.

Article 14 - Force majeure

Without prejudice to its other rights, Willem II, in case of force majeure, has the right, at its own choice, to suspend the execution of the order, or the agreement in whole or in part, without judicial intervention, by notifying the customer in writing and without Willem II being held to pay any compensation.
Force majeure is defined, in addition to what is understood in law and jurisprudence, as all external causes, foreseen or unforeseen, over which Willem II cannot exercise any control, but which prevent Willem II from fulfilling its obligations. Force majeure on the part of suppliers is also covered by this provision.

Article 15 - Complaints procedure

Complaints regarding the execution of the agreement must be submitted to Willem II in a complete and clearly described manner within a reasonable time, but no later than 7 days, after the consumer has discovered the defects.
Complaints submitted to Willem II will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer time to process, Willem II will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer should give Willem II at least four weeks to resolve the complaint in mutual consultation. After this period a dispute arises that is open to the dispute settlement procedure.

Article 16 - Disputes

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