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DEFINITIONS

In these general terms and conditions, the following words have the meaning stated thereafter, unless the context otherwise requires:

Reflection period means the period within which a consumer can exercise his right of withdrawal;

Consumer means the natural person who is acting for purposes other than those relating to his trade, business, craft or profession;

Day means calendar day;

Digital content means data produced and supplied in digital form;

Durable medium means any instrument – ​​including email – that enables a consumer or Active Panther to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;

Right of withdrawal means the possibility for a consumer to cancel the distance contract within the cooling-off period;

Distance Contract means an agreement concluded between Active Panther and a consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or additional use is made of one or more techniques for distance communication;

Withdrawal Form means the form included in the Appendix to these terms and conditions for a consumer to cancel the distance contract within the cooling-off period;

Active Panther means the company NSTS Trading BV, established at Theemsweg 36, 1043BJ, in Amsterdam and registered in the Trade Register of the Chamber of Commerce under number 77841263; and

Website means the Active Panther website, being www.activepanther.com.

APPLICABILITY

  1. These general terms and conditions apply to every offer from Active Panther and to every distance contract concluded between Active Panther and a consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will 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, Active Panther will indicate before the distance contract is concluded in what way 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. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second applies accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.



OFFER

  1. Obvious mistakes or obvious errors in the offer of products, digital content and/or services do not bind Active Panther.
  2. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

AGREEMENT

  1. The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
  2. If the consumer has accepted the offer electronically, Active Panther will immediately confirm receipt of acceptance of the offer electronically.



RIGHT OF WITHDRAWAL

  1. The consumer can cancel an agreement regarding the purchase of a product during a reflection period of 30 days without giving any reason.
  2. The cooling-off 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:
  1. 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, has received the last product. Active Panther may refuse an order for multiple products with different delivery times, provided that it has clearly informed the consumer of this prior to the ordering process;
  2. 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; or
  3. in the case of agreements for the regular delivery of products during a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.
  1. The consumer can terminate a service agreement and an agreement for the supply of digital content that is not supplied on a tangible medium within 30 days without giving any reason.
  2. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

PRODUCT TREATMENT DURING THE COOLING-OFF PERIOD

  1. During the cooling-off period, the consumer will handle the product and 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.
  2. The consumer is 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.

 

EXERCISE OF THE RIGHT OF WITHDRAWAL

  1. If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period by means of the withdrawal form or in another unambiguous manner to Active Panther.
  2. As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Active Panther. This is not necessary if Active Panther has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
  3. The consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the instructions provided by Active Panther.
  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 shall bear the direct costs of returning the product.
  6. If the performance of the service commences during the cooling-off period, the consumer shall owe an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared with the full fulfilment of the obligation.


ACTIVE PANTHER'S OBLIGATIONS IN CASE OF WITHDRAWAL

  1. If Active Panther makes it possible for the consumer to notify the withdrawal electronically, it will immediately send an acknowledgement of receipt after receiving this notification.
  2. Active Panther will reimburse all payments made by the consumer, including any delivery costs charged by Active Panther for the returned product, without delay but within 30 days following the day on which the consumer notifies him of the withdrawal. Unless Active Panther offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
  3. Active Panther will use the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Active Panther does not have to reimburse the additional costs for the more expensive method.

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 due to changes in VAT rates.
  2. By way of exception to the previous paragraph, Active Panther may offer products and/or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if Active Panther has stipulated this and:
  1. these are the result of statutory regulations or provisions; or
  2. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
  1. The prices stated in the range of products and/or services include VAT.

COMPLIANCE WITH AGREEMENT AND ADDITIONAL WARRANTY

  1. Active Panther guarantees 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 was concluded.
  2. In any event, no claim can be made under paragraph 1 of this article (i) in the event of damage caused intentionally or through negligence, (ii) in the event of normal wear and tear and/or (iii) in the event of damage caused by failure to observe or incorrect observance of the instructions for use or user instructions.
  3. An additional guarantee provided by Active Panther, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against Active Panther under the agreement if Active Panther has failed to fulfil its part of the agreement.
  4. An additional warranty is understood to mean any obligation of Active Panther, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.

EXECUTION OF AGREEMENT AND DELIVERY

  1. Active Panther 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 made known to Active Panther.
  3. The consumer must provide Active Panther with the correct address and email address. Any changes to these must also be provided to Active Panther in a timely manner. If the consumer has provided an incorrect address for delivery, the additional shipping costs will be borne by the consumer.
  4. Delivery will take place while stocks last.
  5. Ownership of delivered products is transferred to the consumer after the amount due has been paid. The risk of the products is transferred at the time of delivery to the consumer.
  6. Active Panther will execute accepted orders within 1 day at the latest, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 1 day after placing the order. In that case, the consumer has the right to terminate the agreement without costs.
  7. After dissolution in accordance with the previous paragraph, Active Panther will immediately refund the amount paid by the consumer.
  8. The risk of damage and/or loss of products rests with Active Panther until the moment of delivery to the consumer or a previously designated representative made known to Active Panther, unless expressly agreed otherwise.


PAYMENT

  1. Unless otherwise specified in the agreement, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 30 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
  2. The consumer has the duty to report any inaccuracies in the payment details provided or stated to Active Panther without delay. Payment orders for giro and banking institutions are at the expense and risk of the person who gives the order (or authorization) for payment.



ACCOUNTS AND REGISTRATION

  1. The consumer can create an account or otherwise register on the website. Active Panther reserves the right to refuse an application for such registration or to cancel the registration, for example after discovering irregularities.
  2. The login details are strictly personal and may not be made available to third parties. The consumer is responsible for the use of his login details, even if this happens without his knowledge.
  3. The consumer will immediately notify Active Panther if he suspects that his login details are known to a third party or if any other irregularities occur.
  4. The consumer is not permitted to apply for or manage more than one account. The consumer is further not permitted to (re)apply for or manage an account after Active Panther has rejected the consumer's application for an account or has terminated an account of the consumer after registration.



FORCE MAJEUR

Active Panther and the consumer are not obliged to fulfil any obligation if they are prevented from doing so as a result of a circumstance that is not their fault and for which they are not responsible under the law, a legal act or generally accepted views.



COMPLAINTS PROCEDURE

  1. Active Panther has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to Active Panther as soon as possible after the consumer has discovered the defects, fully and clearly described.
  3. Complaints submitted to Active Panther will be answered within a period of 2 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Active Panther will respond within the period of 2 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.



PRIVACY AND SECURITY

  1. Active Panther respects the privacy of the customer. Active Panther treats and processes all personal data provided to it in accordance with the applicable legislation, in particular the General Data Protection Regulation. The customer agrees to this processing. Active Panther uses appropriate security measures to protect the customer's personal data.
  2. For more information about privacy, please visit the Active Panther website.



OTHER

  1. Any deviations from these general terms and conditions may only be agreed in writing. No rights may be derived from such deviations with regard to legal relationships entered into later.
  2. The administration of Active Panther shall, unless proven otherwise, be considered as proof of the requests and/or orders made by the consumer. The consumer acknowledges that electronic communication may serve as proof.
  3. Active Panther is entitled to transfer the rights and obligations under the agreement with you to a third party by means of a single notice to you.
  4. If and to the extent that any provision of the general terms and conditions is declared null and void or is annulled, the other provisions of these general terms and conditions will remain in full force. Active Panther will then establish a new provision to replace the null and void/annulled provision, whereby the purport of the null and void/annulled provision will be taken into account as much as possible.

APPLICABLE LAW

Agreements and all resulting non-contractual obligations between Active Panther and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Appendix Withdrawal form

To: Infinity Athletics, Lindelaan 26, 5995 NM, Kessel.

Email address: returns@activepanther.com

I hereby inform you that I revoke our agreement regarding the purchase of the following order:

Order or order number:

Ordered/received on (dd-mm-yyyy):

Please enter the date you received your order or the date of your order above.

First and last name:

Street name + house number:

Postcode:

Place of residence:

Email address:

Date:

Signature

Please sign this form if you are sending this form by post instead of email.

_________________


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