Algemene voorwaarden

Article 1 – Definitions

The following definitions apply to these terms and conditions:

  • Trader: The natural or legal person who offers products and/or services to consumers from a distance.
  • Consumer: The natural person whose actions are not within the course of a profession or business and who enters into a distance contract with the trader.
  • Distance Contract: A contract that is concluded exclusively using one or more techniques for distance communication, within a system organized by the trader for the distance sale of products, up to and including the moment the contract is concluded.
  • Technique for Distance Communication: Means used to conclude a contract without the consumer and trader being in the same location at the same time.
  • Withdrawal Period: The period during which the consumer can exercise their right of withdrawal.
  • Right of Withdrawal: The consumer's ability to terminate the distance contract within the withdrawal period.
  • Day: A calendar day.
  • Extended Duration Transaction: A distance contract related to a series of products and/or services, where the obligation to supply and/or purchase is spread over a specified period.
  • Durable Medium: Any means that allows the consumer or trader to store information addressed to them in a manner that facilitates future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the Trader

Lightning Endurance (Part of Wielervoeding.nl B.V.)
Stirlingweg 12-C
5466AV Veghel, Netherlands
Phone: +31 (0) 634929455
Email: info@lightningendurance.com
Chamber of Commerce number: 73775398
VAT identification number: NL859659859B01

Article 3 – Applicability

  • These general terms and conditions apply to every offer made by the trader and to every distance contract realized between the trader and the consumer.
  • Before concluding a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, prior to the distance contract's conclusion, that the general terms and conditions are available for inspection at the trader’s premises and will be sent free of charge to the consumer upon request.
  • If the distance contract is concluded electronically, the trader will provide the text of these general terms and conditions electronically before the contract is concluded, allowing the consumer to easily store them on a durable data carrier. If this is not reasonably possible, the trader will indicate where the general terms and conditions can be inspected electronically and that they will be sent free of charge to the consumer upon request.
  • In cases where specific product terms and conditions apply in addition to these general terms and conditions, the above paragraphs apply by analogy, and the consumer may always invoke the applicable condition that is most favorable to them in the event of conflicting general terms and conditions.

Article 4 – The Offer

  • If an offer is subject to a limited period of validity or conditions, this will be explicitly mentioned in the offer.
  • An offer will contain a complete and precise definition of the available products, enabling the consumer to make an informed judgment. Images provided will accurately represent the available product. Apparent mistakes in the offer will not bind the trader.
  • Every offer will contain sufficient information to make clear to the consumer what rights and obligations are involved in accepting the offer, including:
    • The price, including taxes;
    • Any delivery costs;
    • The method of concluding the contract and any required actions;
    • Whether the right of withdrawal applies;
    • The payment, delivery, or implementation method of the contract;
    • The period for accepting the offer or adhering to the price;
    • The communication costs, if they differ from the basic tariff;
    • If a contract is filed after its conclusion, how the consumer can access it;
    • How the consumer can obtain information about actions they do not wish to undertake before concluding a contract, as well as how they can rectify these before the contract is concluded;
    • The behavioral codes to which the trader is subject and how the consumer can consult these codes electronically;
    • The minimum duration of the distance contract, in the event of a contract involving continual or periodic supply of products or services.

Article 5 – The Contract

  • The contract will be concluded, subject to what is stipulated in paragraph 4, at the moment the consumer accepts the offer and the conditions stipulated are fulfilled.
  • If the consumer accepts the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed.
  • If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will implement appropriate security measures.
  • The trader may obtain information—within statutory frameworks—about the consumer’s ability to fulfill their payment obligations, as well as about relevant facts and factors for the responsible conclusion of the distance contract. If such research gives the trader valid grounds to decline the contract, they have the right to reject the order or application or to impose special conditions.
  • Along with the product, the trader will send the consumer the following information, in writing or in a manner that allows the consumer to store it on an accessible durable medium:
    • The office address of the trader’s business location where the consumer can lodge complaints;
    • The conditions under which the consumer can exercise the right of withdrawal and the method for doing so, or a clear statement regarding the exclusion of the right of withdrawal;
    • Information on existing after-sales service and guarantees;
    • The data included in Article 4, paragraph 3 of these conditions, unless the trader has already provided this information prior to the contract conclusion.

Article 6 – Right of Withdrawal upon Delivery of Products

  • When purchasing products, a consumer has the right to dissolve the contract without giving reasons within at least fourteen days. This period commences on the day after the product is received by or on behalf of the consumer.
  • During this period, the consumer will treat the product and its packaging with care. They may only unpack or use the product as necessary to assess whether they wish to keep it. If the consumer wishes to exercise their right of withdrawal, they will return the product to the trader, along with all associated components and, as far as reasonably possible, in the original condition and packaging, following any reasonable instructions provided by the trader.

Article 7 – Costs in Case of Withdrawal

  • If a consumer exercises their right of withdrawal, they will be responsible for, at most, the costs of returning the goods.
  • If the consumer has paid a sum, the trader will refund this amount as quickly as possible, but no later than 30 days after the goods are returned or after the withdrawal.

Article 8 – Exclusion from Right of Withdrawal

  • The trader can only exclude the consumer from having a right of withdrawal if this is clearly stated when making the offer, or at least in good time prior to the contract's conclusion.
  • Exclusion from the right of withdrawal is only possible for products:
    • That have been created by the trader according to the consumer’s specifications;
    • That are clearly of a personal nature;
    • That cannot be returned due to their nature;
    • Whose price is subject to fluctuations in the financial market on which the trader has no influence;
    • That are time-sensitive;
    • For audio and video recordings and computer software of which the consumer has broken the seal.

Article 9 – The Price

  • The prices stated in the offer include VAT.
  • Delivery costs are not included in the stated price unless stated otherwise.
  • All prices are subject to errors and mistakes. No rights can be derived from any apparent errors in the offer.

Article 10 – Compliance and Warranty

  • The trader guarantees that the products comply with the contract, the specifications stated in the offer, and the reasonable expectations of the consumer regarding the use of the product.
  • The trader also guarantees that the products are free from defects and are of good quality.

Article 11 – Delivery and Execution

  • The trader will take the utmost care when receiving and executing orders for products.
  • The place of delivery is the address provided by the consumer to the trader.
  • With due observance of what is stated in Article 4 of these terms and conditions, the trader will execute accepted orders as quickly as possible but at least within 30 days unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract without incurring costs and is entitled to any refund paid.

Article 12 – Payment

  • As far as no different payment method has been agreed upon, the amounts owed by the consumer must be paid within 14 days after the withdrawal period or in the absence of a withdrawal period within 14 days after the conclusion of the contract.
  • The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.
  • In the event of default by the consumer, the trader is entitled to charge the reasonable costs incurred to recover the amount owed, provided that these costs are communicated to the consumer in advance.

Article 13 – Complaints Procedure

  • The trader has a well-publicized complaints procedure and will handle complaints according to this complaints procedure.
  • Complaints about the implementation of the contract must be submitted to the trader within a reasonable period of time after the consumer has discovered the defects, with a complete and clear description of the complaint.
  • Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

Article 14 – Personal Data

  • By purchasing from the trader, the consumer consents to the processing of their personal data as described in the Privacy Policy.

Article 15 – Final Provisions

  • All agreements between the trader and the consumer to which these general terms and conditions apply are governed by Dutch law.
  • Disputes arising from or related to these agreements will be submitted to the competent court in the Netherlands.