Terms and Conditions

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Return Policy
Article 9 – The Price
Article 10 – Conformity and Guarantee
Article 11 – Delivery and Execution
Article 12 – Payment
Article 13 – Complaints Procedure
Article 14 – Disputes
Article 15 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Reflection period: the period within which the consumer can exercise their right of withdrawal; Read all about the reflection period
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information;
5. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;
6. Model form: the model form for withdrawal that the entrepreneur provides, which a consumer can fill out if they wish to exercise their right of withdrawal;
7. Entrepreneur: the legal entity that offers products to consumers at a distance;
8. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
9. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being physically present in the same room at the same time.
10. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

RJDE Holding B.V., trading as UnderPolo
Blokstallen 2B
4611 WB Bergen op Zoom
The Netherlands

T +31641941650
E info@underpolo.com
KVK 78328098
VAT number NL861349258B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders between the entrepreneur and the consumer.
2. 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 can be viewed at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, contrary to 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 it 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 viewed electronically and that they will be sent to the consumer free of charge electronically or in another way.
4. In the event that specific product conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in effect and the provision in question will be immediately replaced by a provision that approximates the purport of the original as much as possible in mutual consultation.
6. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – 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 is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
6. All rights relating to the Underpolo brand, designs, photos, texts and other material belong to Underpolo. Nothing may be reproduced or made public without written permission.
7. Each 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:

o the price including taxes;
o the possible costs of shipping;
o the way in which the agreement will be concluded and which actions are required for this;
o whether or not the right of withdrawal applies;
o the method of payment, delivery and execution of the agreement;
o the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
o the level of the rate 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 means of communication used;
o whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
o the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in the context of the agreement;
o the possible other languages in which, in addition to Dutch, the agreement can be concluded;

Article 5 – The Agreement

1. An agreement is concluded as soon as the consumer places an order and this is confirmed by Underpolo. We do our best to present our products as clearly as possible and to prevent any errors. Obvious mistakes or errors are not binding. Your data will be processed in accordance with our privacy policy.
2. 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 agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the 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 with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

o the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
o 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;
o information about guarantees and existing service after purchase;
o the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

6. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When delivering products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and 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 in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must do this by means of the model form available via the website under the heading “right of withdrawal”. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
4. If the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

1. If the consumer makes use of their right of withdrawal, the costs of return shipment will be borne by them at most.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. The condition here is that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
3. In the event of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any reduction in value of the product.
4. The consumer cannot be held liable for a reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 – Return Policy

You have a 30-day right of return. If the product is returned in good condition, including labels and original packaging, you will receive the full amount back, possibly reduced by return costs. Return costs within the Netherlands, Belgium, Germany and a number of other countries amount to €6.50 via the shipping label that you receive from us. If you choose a different, more expensive option for returning than the standard delivery method of Underpolo, these extra costs will not be reimbursed. Other countries may use different amounts.

In the event of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any reduction in value of the product.

Article 9 – The Price

1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned 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. All prices on the website include VAT. Any shipping costs are stated separately during checkout. Payment is made via the payment methods offered.
5. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
6. Customers outside the EU are responsible for import duties or taxes.

Article 10 – Conformity and Guarantee

1. The entrepreneur guarantees that the products 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 existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. 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.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of discovering the defect.
4. The guarantee does not apply if:

o the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
o the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
o the defectiveness is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

Article 11 – Delivery and Execution

1. We strive for fast and careful delivery to the address you provide. Please check this carefully to avoid problems. Damaged or incomplete deliveries must be reported within 48 hours of receipt via info@underpolo.com.
2. The place of delivery is the address that the consumer has made known to the company.
3. 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 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times on the website are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of a possible return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Payment

1. Payments are made directly by the consumer when ordering. Without payment received, no product will be sent to the consumer.
2. All prices on the website include VAT. Any shipping costs are stated separately during checkout. Payment is made via the offered payment methods. Customers outside the EU are responsible for import duties or taxes.
3. The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
4. In case of default of payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 13 – Complaints procedure

1. Complaints about the execution of the delivery must be submitted to the entrepreneur fully and clearly described within 30 days, after the consumer has discovered the defects.
2. Complaints submitted to Underpolo will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution.
4. We stand for quality. Under normal circumstances, we offer a guarantee on material and production errors. Complaints can be reported by e-mail or via our contact form. Consumers can turn to the European ODR platform for disputes: http://ec.europa.eu/consumers/odr/.
5. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
6. 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 14 – Disputes

Dutch law applies to these Terms and Conditions and the agreement. Disputes are preferably submitted to the competent court in Amsterdam, unless mandatory law prescribes otherwise. Also if the consumer is residing abroad.

Article 15 – Amendments

We may change these Terms and Conditions. The most current version is always available on our website. We advise you to consult the Terms and Conditions regularly.