Terms & Conditions

Welcome to our Terms & conditions, Most information is published in our product description but we recommend that you still take the time to thoroughly review them.

**Article 1 - Definitions**
In these terms and conditions, the following definitions apply:

**Cooling-off period:** the period within which the consumer can exercise their right of withdrawal;
**Consumer:** the natural person who does not act for purposes related to their trade, business, craft or profession and enters into a distance contract with the entrepreneur;
**Day:** calendar day;
**Long-term transaction:** a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time;
**Durable medium:** any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that makes future consultation and unaltered reproduction of the stored information possible.
**Right of withdrawal:** the consumer's option not to proceed with the distance contract within the cooling-off period;
**Model withdrawal form:** the withdrawal form made available by the entrepreneur that the consumer can fill in if they wish to exercise their right of withdrawal.
**Entrepreneur:** the natural or legal person who offers products and/or services to consumers remotely;
**Distance contract:** a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication
up to and including the moment that the contract is concluded;
**Means of distance communication:** a tool that can be used to conclude a contract without the consumer and entrepreneur being in the same place simultaneously.
**General Terms and Conditions:** these General Terms and Conditions of the entrepreneur.

**Article 2 - Identity of the entrepreneur**
Thoms voorn
Adress on request only

Telephone number: +31 6 81930963
Email address: info@energiamartialarts.nl
Chamber of Commerce number:  69492662
VAT identification number: NL002239540B37

IBAN: NL54 RABO 0322289343

**Article 3 - Applicability**
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated
that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent to the consumer free of charge upon request as soon as possible.
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 can be made available to the consumer electronically
in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically
and that they will be sent to the consumer free of charge electronically or otherwise upon request.
In addition to these general terms and conditions, if specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favorable to him/her in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are void or nullified at any time in whole or in part, the agreement and these terms and conditions shall otherwise remain in force and the relevant provision shall be replaced by mutual agreement as soon as possible.
Situations not provided for in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our terms and conditions shall be construed "in the spirit" of these general terms and conditions.

**Article 4 - The offer**
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
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 make a proper assessment of the offer. If the entrepreneur uses
images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot lead to compensation or termination of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the height of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication means used;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the manner in which the consumer, before concluding the agreement, can check and, if desired, restore the data entered by him/her under the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a long-term transaction.

**Article 5 - The contract**
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the agreement.
If the agreement is concluded electronically, the entrepreneur 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, the entrepreneur will take appropriate security measures.
The entrepreneur can, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly entering into a distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the address of the entrepreneur's business establishment where the consumer can lodge 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 warranties and existing after-sales service;
the price including taxes of the product or service; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
the requirements for

terminating the agreement if the agreement has a duration of more than one year or is indefinite;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

**Article 6 - Right of withdrawal**
When purchasing products, the consumer has the option to terminate the contract without giving any reason for a cooling-off period of at least 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and announced to the entrepreneur.
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 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 the original condition and packaging to the entrepreneur, in accordance with the entrepreneur's reasonable and clear instructions.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within the cooling-off period using the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 3, the consumer will return the product, or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.
The consumer will return the product with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for 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 the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs themselves, the consumer does not have to bear the costs of return.
If the consumer withdraws after first explicitly requesting that the provision of the service or the supply of gas, water, or electricity not ready for sale commence in a limited volume or quantity during the cooling-off period, the consumer shall the entrepreneur an amount proportional to that part of the obligation already fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
The consumer bears no costs for the performance of services or the supply of water, gas, or electricity not ready for sale, made in a limited volume or quantity, or for the supply of city heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form, or;
the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity, or city heating during the cooling-off period.
The consumer bears no costs for the full or partial delivery of digital content not supplied on a physical medium if:
before delivery, they have not explicitly consented to the commencement of the fulfillment of the agreement before the end of the cooling-off period;
they have not acknowledged the loss of their right of withdrawal in giving consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises their right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 7 - Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, only the costs of returning the goods will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. However, this is subject to the condition that the product has already been returned by the consumer or conclusive proof of complete return can be provided.
Reimbursement will be made using the same payment method as the consumer used for the initial transaction unless the consumer expressly agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 8 - Exclusion of the right of withdrawal

 The entrepreneur 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 entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products: that have been made to the consumer's specifications by the entrepreneur; that are clearly personal in nature; that cannot be returned due to their nature; that can spoil or age quickly; whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence; for single newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal; for hygienic products of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period; where delivery has begun with the express consent of the consumer before the cooling-off period has expired; concerning bets and lotteries.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This binding to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and: they are the result of legal regulations or provisions; or the consumer has the right to terminate the agreement on the day the price increase takes effect. The prices mentioned in the offer of products or services include VAT. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be made in the original packaging and in new condition. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur 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. The warranty does not apply if: the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties; the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging; the defects are wholly or partially the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services. The place of delivery is the address that the consumer has made known to the company. 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 a longer delivery period has been agreed.

Article 12 - Duration transactions: duration, termination, and extension Termination

The consumer can terminate an agreement concluded for an indefinite period and which aims at the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of up to one month. The consumer can terminate an agreement concluded for a definite period and which aims at the regular delivery of products (including electricity) or services at any time at the end of the agreed period, subject to agreed termination rules and a notice period of up to one month. The consumer can terminate the agreements mentioned in the previous paragraphs: at any time and not be limited to termination at a specific time or during a specific period; at least terminate in the same manner as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself. Extension

An agreement concluded for a definite period and which aims at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period. Notwithstanding the previous paragraph, an agreement concluded for a definite period and which aims at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month. An agreement concluded for a definite period and which aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of up to one month and a notice period of up to three months in case the agreement aims at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period. Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed period

Article 13 - Payment Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs notified to the consumer in advance.

Article 14 - Complaints procedure The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the performance of the agreement must be submitted to the entrepreneur in writing within 7 days after the defects have been discovered by the consumer. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure. In the event of complaints, the consumer must first turn to the entrepreneur. If complaints cannot be resolved by mutual agreement, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If no solution is reached, the consumer has the option to have the dispute resolved by the independent disputes committee appointed by Stichting WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.

Article 15 - Disputes Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions Additional or deviating provisions from these general 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 data carrier.