Terms and conditions

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General Terms and Conditions of ProBrace

These General Terms and Conditions apply to agreements concluded between ProBrace and consumers.

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal and associated costs
Article 9 – Obligations of the trader in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – Prices
Article 12 – Performance of the agreement and additional guarantees
Article 13 – Delivery and performance
Article 14 – Continuing performance agreements: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes and applicable law
Article 18 – Additional or deviating provisions
Article 19 – Amendments to the General Terms and Conditions
Appendix I – Model withdrawal form

Article 1 – Definitions

For the purposes of these General Terms and Conditions, the following definitions apply:

Additional agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance agreement and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader.
Cooling-off period: the period during which the consumer may exercise their right of withdrawal.
Consumer: a natural person who is acting for purposes outside their trade, business, craft or profession.
Day: calendar day.
Digital content: data produced and supplied in digital form.
Continuing performance agreement: an agreement relating to the regular supply of products, services and/or digital content during a specified period.
Durable medium: any instrument, including email, that enables the consumer or trader to store information addressed personally to them in a way that allows future reference for a period appropriate to the purpose of the information and permits the unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s right to withdraw from the distance agreement during the cooling-off period.
Trader: Leuk Orthopedie Techniek B.V., trading under the name ProBrace, which offers products, digital content and/or services to consumers at a distance.
Distance agreement: an agreement concluded between the trader and the consumer as part of an organised distance sales system, under which one or more means of distance communication are used up to and including the conclusion of the agreement.
Model withdrawal form: the European model withdrawal form included in Appendix I. The form does not have to be provided if the consumer has no right of withdrawal in relation to their order.
Means of distance communication: a method that can be used to conclude an agreement without the consumer and trader being physically present in the same place at the same time.

Article 2 – Identity of the trader

Name of the trader: Leuk Orthopedie Techniek B.V.
Trading under the name: ProBrace
Business address: Wiekenweg 61, 3815 KL Amersfoort, the Netherlands
Telephone number: +31 (0)85 401 1911
Opening hours: Monday to Thursday from 09:00 to 17:00 and Friday from 09:00 to 16:30
Email address: info@probrace.nl
Chamber of Commerce number: 56767285
VAT identification number: NL852294724B01

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the trader and to every distance agreement concluded between the trader and the consumer.
Before the distance agreement is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the trader will state in advance where the General Terms and Conditions can be inspected and that they will be sent to the consumer free of charge upon request.
If the agreement is concluded electronically, these General Terms and Conditions may be provided electronically in a manner that allows the consumer to store them easily on a durable medium.
If specific product or service conditions apply in addition to these General Terms and Conditions, paragraphs 2 and 3 also apply. In the event of conflicting terms, the consumer may rely on the applicable provision that is most favourable to them.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be clearly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. Images represent the products as accurately as possible. Obvious mistakes or errors in the offer are not binding on the trader.
Every offer contains sufficient information to make clear to the consumer which rights and obligations are attached to accepting the offer.
If a discount or promotional offer is applied to a product, the calculation will be accurately displayed in the shopping basket.

Article 5 – The agreement

Subject to paragraph 4, the agreement is concluded when the consumer accepts the offer and complies with the associated conditions.
If the consumer accepts the offer electronically, the trader will promptly confirm receipt electronically. Until receipt has been confirmed, the consumer may terminate the agreement.
If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to protect the electronic transfer of data and provide a secure payment environment.
Within the limits permitted by law, the trader may investigate whether the consumer is able to meet their payment obligations and assess facts and circumstances relevant to entering into the agreement responsibly. If the trader has reasonable grounds not to enter into the agreement, the trader may refuse an order or application, giving reasons, or attach special conditions to its performance.
No later than upon delivery of the product, service or digital content, the trader will provide the following information on a durable medium:
1. the business address where the consumer may submit complaints;
2. the conditions and procedure for exercising the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
3. information about guarantees and after-sales service;
4. the total price including taxes and, where applicable, delivery costs;
5. the method of payment, delivery or performance;
6. the termination conditions if the agreement lasts for more than one year or is concluded for an indefinite period;
7. the model withdrawal form, if the consumer has a right of withdrawal.
In the case of a continuing performance agreement, the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

Products:

The consumer may withdraw from an agreement concerning the purchase of a product without giving reasons during a cooling-off period of 14 days. The trader may ask the consumer for the reason for withdrawal but may not require the consumer to provide one.
The cooling-off period begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, receives the product. If:
1. several products from one order are delivered separately, the cooling-off period begins after receipt of the final product;
2. a product consists of several shipments or parts, the cooling-off period begins after receipt of the final shipment or part;
3. the agreement concerns the regular delivery of products during a specified period, the cooling-off period begins after receipt of the first product.

Services and digital content not supplied on a tangible medium:

The consumer may withdraw from a service agreement or an agreement for digital content not supplied on a tangible medium within 14 days without giving reasons.
The cooling-off period begins on the day after the agreement is concluded.

Extended cooling-off period if the consumer has not been properly informed:

If the trader has not provided 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.
If the trader provides the missing information within these twelve months, the cooling-off period expires 14 days after the consumer receives that information.

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

During the cooling-off period, the consumer must handle the product and its packaging carefully. The consumer may only unpack, try on or inspect the product to the extent necessary to determine its nature, characteristics and operation, as would be permitted in a physical shop.
The consumer is liable for any reduction in value caused by handling or use beyond what is necessary to determine the nature, characteristics and operation of the product. Removing or cutting off labels, modifying parts, wearing a product for an extended period or unnecessarily damaging the product packaging may result in a reduction in value.
The consumer is not liable for a reduction in value if the trader did not provide all legally required information about the right of withdrawal before or when the agreement was concluded.

Article 8 – Exercise of the right of withdrawal and associated costs

If the consumer exercises the right of withdrawal, they must notify the trader within the cooling-off period using the model withdrawal form or by making another unequivocal statement.
The consumer must return the product as soon as possible and no later than 14 days after notifying the trader of the withdrawal. The deadline is met if the product is sent before this period has expired.
The product must be returned in suitable outer packaging. The original product packaging may not be used as shipping packaging.
The consumer must return the product with all supplied parts and accessories and, where reasonably possible, in its original condition and undamaged product packaging. The consumer must follow the trader’s reasonable and clear return instructions.
The consumer bears the risk and burden of proof regarding the correct and timely exercise of the right of withdrawal.
The consumer bears the direct cost of returning the product unless the trader has agreed to bear these costs or has failed to inform the consumer that the consumer must pay them.
If a returned product is not accepted, the trader will retain it for 14 days after informing the consumer. During this period, the consumer may arrange for the product to be returned. The associated shipping costs may be charged to the consumer.
If the consumer withdraws after expressly requesting that a service begin during the cooling-off period, the consumer must pay an amount proportionate to the part of the service performed before the time of withdrawal.
The consumer does not bear any costs for services performed during the cooling-off period if:
1. the trader failed to provide the legally required information about the right of withdrawal and any associated costs; or
2. the consumer did not expressly request that performance begin during the cooling-off period.
The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:
1. the consumer did not expressly agree that supply could begin before the end of the cooling-off period;
2. the consumer did not acknowledge that this would result in the loss of the right of withdrawal; or
3. the trader failed to confirm the consumer’s declaration.
If the consumer exercises the right of withdrawal, any additional agreements will be terminated by operation of law.

Article 9 – Obligations of the trader in the event of withdrawal

If the trader allows the consumer to submit a withdrawal electronically, the trader will promptly send confirmation of receipt.
The trader will refund all payments made by the consumer, including any costs charged for the least expensive standard delivery offered, no later than 14 days after the consumer notifies the trader of the withdrawal.
The trader may postpone the refund until the product has been received or until the consumer demonstrates that the product has been returned, whichever occurs first.
The trader will use the same payment method used by the consumer unless the consumer agrees to another method. No fees will be charged for the refund.
If the consumer selected a more expensive delivery method than the least expensive standard delivery, the trader is not required to refund the additional delivery costs.

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the right of withdrawal only where permitted by law and if this was clearly stated in the offer before the agreement was concluded. The right of withdrawal may be excluded for:

products or services whose prices are subject to fluctuations in the financial market over which the trader has no control;
agreements concluded at a public auction;
fully performed services, provided that performance began with the consumer’s express prior consent and the consumer declared that the right of withdrawal would be lost once the service had been fully performed;
package travel and passenger transport agreements to which a statutory exception applies;
services relating to accommodation, the transport of goods, vehicle rental, catering or leisure activities where a specific date or period of performance has been agreed;
products manufactured according to the consumer’s specifications, which are not prefabricated or are clearly intended for a specific person;
products that deteriorate rapidly or have a limited shelf life;
sealed products that are unsuitable for return for health protection or hygiene reasons and whose seal has been broken after delivery;
products that, by their nature, become inseparably mixed with other products after delivery;
sealed audio recordings, video recordings and computer software whose seal has been broken after delivery;
newspapers, periodicals and magazines, with the exception of subscriptions;
digital content not supplied on a tangible medium, where supply began with the consumer’s express prior consent and the consumer declared that this would result in the loss of the right of withdrawal.

Article 11 – Prices

Prices will not be increased during the period of validity stated in the offer, except for changes resulting from amended VAT rates or other statutory measures.
Products or services whose prices are subject to fluctuations in the financial market may be offered at variable prices. This and the possible indicative nature of the price will be clearly stated in the offer.
Price increases within three months after the agreement is concluded are only permitted if they result from statutory regulations or provisions.
Price increases more than three months after the agreement is concluded are only permitted if this has been agreed and:
1. the increase results from statutory regulations or provisions; or
2. the consumer may terminate the agreement from the date on which the price increase takes effect.
Consumer prices stated in the offer include VAT.

Article 12 – Performance of the agreement and additional guarantees

The trader warrants that the products and/or services comply with the agreement, the stated specifications, reasonable requirements of quality and usability and the statutory provisions applicable on the date the agreement was concluded.
Normal wear and tear, damage caused by incorrect or improper use, an incorrect size selected by the consumer, or modifications made to the product without the trader’s consent are not covered by an additional commercial guarantee. This does not affect the consumer’s statutory rights.
An additional guarantee provided by the trader, supplier, manufacturer or importer never limits the consumer’s statutory rights and claims against the trader.
An additional guarantee means any additional commitment granting the consumer rights beyond those that the trader is legally required to provide.

Article 13 – Delivery and performance

The trader will exercise the greatest possible care when receiving and fulfilling orders and when assessing applications for services.
The place of delivery is the address provided to the trader by the consumer.
The trader will fulfil accepted orders promptly and no later than 30 days after the order is placed, unless another delivery period has been agreed.
If delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed as soon as possible and no later than 30 days after placing the order.
If delivery does not take place within the agreed or statutory period, the consumer may grant the trader a reasonable additional period for delivery. If delivery is not made within that additional period, the consumer may terminate the agreement, unless the law provides that no additional period is required.
Following a valid termination, the trader will refund the amounts paid by the consumer without undue delay.
The risk of damage to or loss of the product remains with the trader until the product has been delivered to the consumer or to a third party designated in advance by the consumer and made known to the trader.

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination

The consumer may terminate an agreement for an indefinite period concerning the regular supply of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement for a fixed period at the end of the agreed term, subject to a notice period of no more than one month.
The consumer may:
1. terminate these agreements at any time and may not be restricted to termination at a particular time or during a particular period;
2. terminate the agreement at least in the same manner in which it was concluded;
3. terminate the agreement subject to the same notice period stipulated by the trader for itself.

Renewal

A fixed-term agreement relating to the regular supply of products or services will not be automatically renewed for another fixed term unless this is permitted by law.
A fixed-term agreement may only be automatically renewed for an indefinite period if the consumer may terminate it at any time subject to a notice period of no more than one month.

Duration

If an agreement lasts longer than one year, the consumer may terminate it at any time after one year, subject to a notice period of no more than one month, unless reasonableness and fairness oppose early termination.

Article 15 – Payment

Unless otherwise stated in the agreement or additional conditions, amounts payable by the consumer must be paid within 14 days after the cooling-off period begins or, if no cooling-off period applies, within 14 days after the agreement is concluded.
For a service agreement, this period begins on the day after the consumer receives confirmation of the agreement.
When products are sold to consumers, the consumer may not be required under the General Terms and Conditions to pay more than 50% in advance. This does not apply if the consumer voluntarily selects a payment method under which the full amount is paid in advance.
The consumer must promptly report inaccuracies in supplied or stated payment details to the trader.
If the consumer fails to pay on time, the consumer will first receive a payment reminder free of charge and a period of 14 days in which to make payment. If payment is not made within this period, the consumer will owe statutory interest and the trader may charge extrajudicial collection costs in accordance with the applicable statutory rules.

Article 16 – Complaints procedure

The trader has a published complaints procedure and handles complaints in accordance with this procedure.
Complaints concerning the performance of the agreement must be submitted to the trader in full and with a clear description within a reasonable period after the consumer discovers the issue.
A complaint may be submitted by:
- email: info@probrace.nl;
- telephone: +31 (0)85 401 1911;
- post: ProBrace, Wiekenweg 61, 3815 KL Amersfoort, the Netherlands.
The trader will respond to a complaint within 14 days of receipt. If a complaint requires more time to process, the consumer will receive confirmation of receipt within this period, together with an indication of when a substantive response can be expected.
The consumer must give the trader a reasonable opportunity to resolve the complaint by mutual consultation.

Article 17 – Disputes and applicable law

Agreements between the trader and the consumer to which these General Terms and Conditions apply are governed by Dutch law.
The choice of Dutch law does not affect any mandatory consumer protection enjoyed by the consumer under the law of the country in which the consumer has their habitual residence.
The parties will preferably attempt to resolve disputes by mutual consultation first.
If the parties cannot reach a solution, the dispute may be submitted to the court having jurisdiction under the applicable law.

Article 18 – Additional or deviating provisions

Additional provisions or provisions that deviate from these General Terms and Conditions may not conflict with mandatory consumer law. These provisions must be recorded in writing or made available in a manner that allows the consumer to store them on a durable medium.

Article 19 – Amendments to the General Terms and Conditions

The trader may amend these General Terms and Conditions.
The version of the General Terms and Conditions that applied when the agreement was concluded will continue to apply to that agreement, unless the consumer agrees to the amended terms or the amendment results from mandatory legislation.
The most recent version of the General Terms and Conditions will be published on the trader’s website.