TERMS AND CONDITIONS

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

  1. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
  2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
  3. Distance contract: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time;
  5. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  7. Day: calendar day;
  8. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  9. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 - entrepreneur

  1. These general terms and conditions apply to any offer by the entrepreneur and to any distance contract concluded between entrepreneur and 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 inspected at the entrepreneur and they will be sent free of charge to the consumer as soon as possible upon request.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
  4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.

Article 3 - company information

  1. High End B.V.
  2. VAT number: NL860616460B01
  3. Chamber of Commerce number: 76415368

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
  • the price including taxes;
  • the cost of delivery, if any;
  • The manner in which the agreement will be established and what actions are required for that purpose;
  • Whether or not the right of withdrawal applies;
  • the method of payment, delivery or performance of the agreement;
  • the period for acceptance of the offer, or the period for the price to be maintained;
  • the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the basic rate;
  • if the agreement is archived after its conclusion, in what way it can be accessed by the consumer;
  • the manner in which the consumer can become aware of acts not wanted by him before the conclusion of the contract, as well as the manner in which he can remedy them before the conclusion of the contract;
  • any languages in which, in addition to Dutch, the agreement may be concluded;
  • the codes of conduct to which the trader has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a contract for continuous or periodic delivery of products or services.

Article 5 - The Agreement

  1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of the consumer's acceptance of the offer and fulfillment of the conditions set forth therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
  4. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his 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 grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
  5. The Entrepreneur shall send the following information along 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 data carrier: b. the conditions under which and the manner in which the Consumer may exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; d. the data included in article 4, paragraph 3 of these Terms and Conditions, unless the Entrepreneur has already provided the Consumer with these data prior to the performance of the contract;6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal / return / warranty

During this period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he 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 reasonable and clear instructions provided by the entrepreneur.

6.1 After receipt by the consumer of the items ordered via our web shop or by e-mail, the consumer has a cooling-off period as described in article 6.3.

6.2 The item must be checked upon receipt for any errors, imperfections or damage. These must be reported to us by e-mail within 14 days of receipt by the consumer. Items with a flaw, imperfection or damage that are returned without notification of a flaw, imperfection or damage within 14 days of receipt by the consumer cannot be accepted. Fitted clothing with skin and/or makeup stains on it cannot be returned and will not be refunded upon discovery.

6.3 a supplements: If the consumer is not satisfied with the order via our web shop or by e-mail, the consumer can indicate within 14 days after receipt of the item(s) that he/she wishes to return the item(s). The consumer can use the contact form available on our website for this purpose. The consumer can also invoke the right of withdrawal by means of an unambiguous statement. The consumer sends the item(s) to be returned with the packing slip immediately. The consumer bears the cost of the return shipment.

6.3b Rs Gym Wear: If the consumer is not satisfied with the items ordered from RS Gym wear via our webshop or by email, the consumer can indicate his/her wish to return the item(s) within 14 days of receipt of the item(s).

The consumer can use the contact form available on our website for this purpose. The consumer ships the item(s) to be returned with the packing slip directly. The consumer pays the cost of the return shipment.

When partially returning a Rs Gym Wear women's set, the refund works as follows; when purchasing a set of €49.95, the amount charged (as shown on the webshop as a separate item) of the portion of the set that is kept and remainder refunded.

As an example the customer buys a €49.95 set. The top is not to your liking and is returned and the leggings are kept. Then we will charge the amount as the leggings are LOS on the webshop. This means that you pay €34,95 for the leggings and the difference of €49,95 - €34,95 will be refunded saying an amount of €15,-.

It is only possible to return or exchange products after contacting our customer service and submitting photos of the defects or stains.

Return requests must be submitted within 14 days of receiving the order.

After approval of the return request by our customer service, the product must be returned within 14 days. Return shipping costs are to be borne by the customer unless otherwise agreed.

Products must be returned unused, undamaged and in their original packaging.

Return costs are at your own expense. Within the Netherlands this is for letter post around €4 and parcel post between €5.95 and €6.95.

If the return is under €50, shipping costs will be charged. As well as the goodies, should they not have been returned with them.

Exchanging a product is possible, provided the purchased product has been received by us in return.

The consumer may also invoke the right of withdrawal by an unequivocal statement.

6.4 The right of withdrawal does not apply to items that are sensitive in terms of hygiene.

When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This period starts the day after receipt of the product by or on behalf of the consumer.

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, at most the costs of return shipment will be at his expense.
  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 the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal.

  1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:a) that are clearly of a personal nature; b) that spoil or age quickly; c) for single newspapers and magazines; d) for audio and video recordings and computer software of which the consumer has broken the seal. e) whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; f) that cannot be returned due to their nature; g) that have been created by the entrepreneur in accordance with the consumer's specifications;

Article 9 - The price

  1. During the validity period 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. Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
  3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and: a) they are the result of statutory regulations or provisions; or b) the consumer has the authority to terminate the contract on the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

Article 10 - Conformity and guarantee

  1. 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 existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
  2. An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and / or the remote agreement.

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.

Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this at the latest one month after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Textual errors on the website do not automatically lead to dissolution of the agreement. The entrepreneur and the customer will come to a solution by mutual agreement.

NOTE: double check your address information. Returns due to incorrect address information will be charged €6.95 for resending. (This applies to all countries)

Article 12 - Betaling

  • a) Unless otherwise agreed upon, the amounts due by the consumer should be paid before delivery of the goods
  • b) The consumer has the duty to report inaccuracies in payment information provided or mentioned to the entrepreneur without delay.
  • c) In case of default of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
  • d) You can always contact the information from article 3 if you have any questions.

Article 13 - Klachtenregeling

  1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
  3. 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 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer. Sales of High End BV and its agreements and the execution thereof are exclusively governed by Dutch law. Applicability of the Vienna Sales Convention is expressly excluded.
  4. The sites of www.highend.nl and www.highend.net may contain third-party advertisements or links to other sites. www.highend.nl has no influence on the privacy policy of these third parties or their sites and is not responsible for it. You can always ask High End BV which data about you are processed. To this end you can send an e-mail. You can also request improvements, additions or other corrections by e-mail to High End BV. If you no longer wish to receive information, you can notify High End BV. Information will only be sent to you if you have provided your e-mail address. Additional provisions or provisions deviating from these 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.
  5. For complaints, a consumer should first turn to the entrepreneur. If the store is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. Check whether this store has a current membership through https://www.webwinkelkeur.nl/leden/. If there is still no solution, the consumer has the possibility to have his complaint handled by the independent arbitration board appointed by Stichting WebwinkelKeur, the decision is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which should be paid by the consumer to the committee. It is also possible to register complaints via the European ODR platform.
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Applicable law and competent court.

Dutch law applies to all agreements concluded. The competent court is the court in the domicile of the entrepreneur.