General Terms & Conditions
Area 57 BV

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 of cancellation
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions

Article 1 – Definitions

  1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Long-term transaction: a distance contract relating to a series of products and / or services, the supply and / or purchase obligation of which is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
  6. Right of withdrawal: the possibility for the consumer to refrain from the distance contract within the reflection period;
  7. Model form: the model withdrawal form that the entrepreneur provides that a consumer can fill out when he wants to make use of his right of withdrawal;
  8. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
  9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and / or services, up to and including the conclusion of the agreement only one or more techniques for distance communication are used;
  10. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.
  11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Area 57 BV (Area 57 / Realstrike / SpeedQB Europe)
Meerstraat 25 C, 6241 ND Bunde (Netherlands)
Telephone: +31 (0) 85 130 63 99
E-mail address: office@realstrike.net
Dutch Chamber of Commerce number: 64366146
VAT Identification Number: NL855635903B01

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 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 viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can store it 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 observed electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of conflicting general terms and conditions, always invoke the applicable provision that is most favorable to him.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or destroyed, then the agreement and these conditions remain valid for the remainder of it and the stipulation in question will be replaced by a provision that approaches the scope of the original as much as possible.
  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. Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit of’ these general terms and conditions.
  8. These terms and conditions have been translated into English from the original Dutch version. In case the translation of (parts of) these terms and conditions is ambivalent or incorrect and / or lead to a lack of clarity as a result, the corresponding stipulation in the original Dutch version of these terms and conditions apply.

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 offered products and / or services. 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 reflection 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 can not be a reason for compensation or dissolution of the agreement.
  5. Images for products are a true reflection of the products offered. Entrepreneur can not 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 which rights and obligations are attached to the acceptance of the offer. This concerns in particular:

Article 5 – The agreement

  1. The agreement is subject to the provisions of Article 4, concluded at the moment of acceptance of the offer by the consumer and the fulfillment of the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can terminate the agreement.
  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can – within legal frameworks – inform 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 the entrepreneur has good reasons not to enter into the agreement on the basis of this investigation, he is entitled to refuse an order or request under motivation or to attach special conditions to the execution.
  5. With the product or service the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    1. the visiting address of the establishment of the entrepreneur for the consumer to address complaints to;
    2. 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;
    3. the information about guarantees and existing service after purchase;
    4. the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
    5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  6. In the case of an extended 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 concerned.

Article 6 – Right of withdrawal

With regard to the delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without providing a reason within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative pre-designated by the consumer and announced to the entrepreneur.
  2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that this is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories 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.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his 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 made it known that he wishes to make use of his right of withdrawal or the product has not been returned to the entrepreneur within the terms stated in paragraphs 2 and 3, the sale is a fact.


With regard to delivery of services:

  1. When providing services, the consumer has the option to terminate the contract without providing a reason for at least 14 days, starting on the day of entering into the agreement.
  2. In order to make use of his right of withdrawal, the consumer will act according to the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest on delivery.

Article 7 – Costs of cancellation

  1. If the consumer exercises his right of withdrawal, he will be responsible for, at most, the costs of returning the goods.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation. However, the condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer explicitly authorizes another payment method.
  3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any loss of value of the product.
  4. The consumer can not be held liable for loss of value of the product if the entrepreneur does not provide all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of right of withdrawal

  1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly mentions it in the offer, but at the very least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. which have been created by the entrepreneur in accordance with the specifications of the consumer;
    2. which are clearly personal in nature;
    3. which can not be returned due to their nature;
    4. that can spoil or age quickly;
    5. the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
    6. for loose newspapers and magazines;
    7. for audio and video recordings and computer software of which the consumer has broken the seal;
    8. for hygienic products of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    1. regarding accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
    2. the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
    3. regarding betting and lotteries.

Article 9 – The price

  1. During the 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.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, for variable prices. This link to fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
    1. these are the result of statutory regulations or stipulations; whether
    2. the consumer has the authority to terminate the contract 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 the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 – Conformity and warranty

  1. The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the information on the date of the establishment of the products. agreement existing statutory provisions and / or government regulations. If agreed upon, 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 that the consumer can assert against the entrepreneur under the contract.
  3. 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 in the original packaging and in mint condition.
  4. The entrepreneur’s warranty period 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.
  5. The warranty does not apply if:

Article 11 – Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. With due observance of what is stated in paragraph 4 of this article, the entrepreneur will execute accepted orders expeditiously 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 can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.
  4. All delivery terms are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a deadline 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 that the consumer has paid as soon as possible but no later than 14 days after termination.
  6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the entrepreneur to bear.
  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 representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination and renewal

Termination

  1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term with due observance of the agreed cancellation rules and a notice period of no more than one month.
  3. The consumer can cancel the agreements mentioned in the preceding paragraphs::


Extension

  1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
  2. Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer agrees to this extended agreement. The contract can be terminated with a notice period of no more than one month before the end of the extension.
  3. An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer can cancel it at any time with a notice of one month. The notice is three months at the most in case the contract is about a delivery of daily , newspapers and weeklies and magazines occurring regularly but less than once a month.
  4. A contract of limited duration to the regular delivery of daily news- and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

    Duration
  5. If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term..

Article 13 – Payment

  1. Unless agreed upon otherwise, the amounts owed by the consumer must be paid within 7 working days after the reflection period as referred to in Article 6, paragraph 1, commences. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.

Article 14 – Complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days 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 a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
  5. In case of complaints, a consumer must first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  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 well-founded by the entrepreneur, the entrepreneur will replace or repair the products or offer the delivered products free of charge at its own discretion.

Article 15 – Disputes

  1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.