https://creationsportswear.com
General Terms and Conditions based on the model conditions of WebwinkelKeur.

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 – Exclusion of the right of withdrawal
• Article 9 – The price
• Article 10 – Conformity and warranty
• Article 11 – Delivery and execution
• Article 12 – Duration transactions: duration, termination, and extension
• Article 13 – Payment
• Article 14 – Complaints procedure
• Article 15 – Disputes
• Article 16 – Additional or different provisions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance agreement concerning a series of products and/or services, with the delivery and/or purchase obligation spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
7. Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill in when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance agreement: an agreement where, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the moment of concluding the agreement, exclusive use is made of one or more techniques for distance communication;
10. Technique for distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously in the same space.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur
Creation Sportswear
Weteringweg 18
2641 KM, Pijnacker
Netherlands
T: (062) 355-4909
E: info@creationsportswear.nl
KVK: 88700518
VAT number: NL004644460B46

Article 3 – Applicability
1. These general terms and conditions apply to every offer of the entrepreneur and to any distance agreement and orders between entrepreneur and consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance agreement is concluded electronically, the text of these general terms and conditions, in deviation from the previous paragraph and before the distance agreement is concluded, can 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, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge upon request.
4. In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions at any time are wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the intent of the original as closely as possible.
6. Situations that are not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer
1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or obvious 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 accompanying 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. 

6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting 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 required for this;
◦ whether or not the right of withdrawal applies;
◦ the method of payment, delivery, and execution of the agreement;
◦ the term for accepting the offer, or the term within which the entrepreneur guarantees the price;
◦ 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 base rate for the used communication means;
◦ whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
◦ the way in which the consumer can check the data provided by them under the agreement and, if desired, restore them before the conclusion of 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 agreement in case of an enduring transaction.

Article 5 – The agreement
1. The agreement comes into effect, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose. 

4. The entrepreneur can, within the limits of the law, gather information about the consumer’s ability to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or application, or to attach special conditions to the execution.
5. Upon delivery of the product or service to the consumer, the entrepreneur will include the following information, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
◦ the address of the business location of the entrepreneur where the consumer can lodge complaints;
◦ the conditions and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
◦ information on warranties and existing after-sales services;
◦ the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
◦ the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery. 

7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 6 – Right of Withdrawal
For product delivery:
1. Upon purchasing products, the consumer has the right to dissolve the agreement without giving any reasons for 21 days. This reflection period starts the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, receives the product.
2. During the reflection period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine if they wish to keep the product. If the consumer exercises their right of withdrawal, they shall return the product with all accessories provided and, if reasonably possible, in the original condition and packaging to the entrepreneur, following 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 after receiving the product. The consumer must notify using the model form or another communication method, such as email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the product was returned on time, for example, by providing a shipping receipt.
4. If the consumer has not expressed their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

For service delivery:
1. Upon service delivery, the consumer has the right to dissolve the agreement without giving any reasons for at least 14 days, starting from the day the agreement was entered into.
2. To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or upon delivery.

Article 7 – Costs in Case of Withdrawal
1. If the consumer exercises their right of withdrawal, at most, the return shipping costs are borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is provided that the product has been received back by the online retailer, or conclusive proof of complete return can be provided. Refunds shall be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different method.
3. In case of product damage due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur did not provide all legally required information about the right of withdrawal before concluding the agreement.

Article 8 – Exclusion of the Right of Withdrawal
1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, at least before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
◦ Created by the entrepreneur according to the consumer’s specifications.
◦ Clearly personal in nature.
◦ That cannot be returned due to their nature.
◦ That can spoil or age quickly.
◦ Whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence.

◦ For single issues of newspapers and magazines.
◦ For audio and video recordings and computer software where the consumer has broken the seal.
◦ For hygiene products where the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:
◦ Regarding accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period.
◦ Whose delivery has begun with the consumer’s explicit consent before the reflection period has expired.
◦ Concerning betting and lotteries.

Article 9 – The Price
1. During the validity period stated 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.
2. Contrary to 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 control, at variable prices. This dependency on fluctuations and the fact that any stated prices are target prices, will be stated with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
◦ They are the result of legal regulations or provisions; or
◦ The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. 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 at the incorrect price.

Article 10 – Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur under the agreement.
3. All products are subject to the legal warranty. The duration of the legal warranty may vary based on the nature of the product.
4. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months after discovery of the defect.
5. The warranty does not apply if:
◦ The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
◦ The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the entrepreneur’s instructions and/or the packaging.
◦ The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution
1. The entrepreneur shall exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.
2. The delivery location 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 shall execute accepted orders promptly but no later than within 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without any cost. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a period does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of a product ordered proves impossible, the entrepreneur will endeavor to make a replacement item available. Clear and comprehensible notification that a replacement item is being delivered will be given at the latest upon delivery. Replacement items are not subject to the exclusion of the right of withdrawal. The cost of any return shipment is borne by 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 pre-designated and known representative to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Renewal
Termination
1. The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period, subject to agreed termination rules and a notice period not exceeding one month.
3. 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 in a specificperiod.
◦ At least terminate in the same way as they were entered into by the consumer.
◦ Always terminate with the same notice period as the entrepreneur has stipulated forthemselves.

Renewal
1. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services cannot be tacitly renewed or extended for a definite period.
2. Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines can be tacitly renewed for a definite period of a maximum of three months if the consumer can terminate this renewed agreement at the end of the renewal with a notice period not exceeding one month.
3. An agreement entered into for a definite period and which extends to the regular delivery of products or services can only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period not exceeding one month and a notice period not exceeding three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration for the delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly extended and will automatically end after the trial or introductory period.

Duration
1. 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 no more than one month, unless fairness and reasonableness oppose termination before the end of the agreed duration.

Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer is obliged to promptly report inaccuracies in provided or stated payment details to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints Procedure
1. The entrepreneur has a sufficiently well-known complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered 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 foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved through mutual agreement, it becomes a dispute that is subject to the dispute resolution procedure.
5. In the case of complaints, the consumer must first contact the entrepreneur. If the online store is a member of WebwinkelKeur and if the complaint cannot be resolved through mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if this online store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur. The ruling of this committee is binding, and both the entrepreneur and the consumer agree to this binding ruling. There are costs associated with submitting a dispute to this disputes committee, which the consumer must pay to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their choice, either replace or repair the delivered products free of charge.

Article 15 – Disputes
1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions pertain, even if the consumer resides abroad.
2. 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.