Terms and Conditions
GENERAL BUSINESS, DELIVERY AND PAYMENT TERMS AND CONDITIONS OF ALL4SPORTS B.V., hereinafter referred to as "ALL4SPORTS".
Most Recent Update: 14 April 2022
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of Trader
Article 3 - Scope of T&C
Article 4 - Offers
Article 5 - Agreements
Article 6 - Right of Withdrawal
Article 7 - Obligations of Consumer During Cooling-off Period
Article 8 - Exercising Right of Withdrawal as a Consumer and Costs Hereof
Article 9 - Obligations of Trader in Event of Withdrawal
Article 10 - Exclusion of Right of Withdrawal
Article 11 - Prices
Article 12 - Fulfilment of Contract and Additional Warranty
Article 13 - Delivery and Execution
Article 14 - Continued Performance Transactions: Duration, Cancellation and Renewal
Article 15 - Payments
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Conditions
Article 19 - Additional Terms and Conditions for Brooks Products
Annex 1 - Model Withdrawal Form
Article 1 - Definitions
The terms used in these Terms and Conditions (T&C) have the following definitions:
1. Supplementary agreement: an agreement where the consumer acquires products, digital content and/or services in the context of a distance contract and these products, digital content and/or services were delivered by the trader or by a third party based on an agreement between this third party and the trader;
2. Cooling-off period: the period during which the consumer can invoke his right of withdrawal;
3. Consumer: the natural entity who does not act for objectives that are related to his or her trading, company or professional activities;
4. Day: calendar day;
5. Digital content: data which is produced and supplied in digital form;
6. Continuing performance contract: a contract that covers the regular delivery of products, services and/or digital content during a specific period;
7. Durable data carrier: any tool - including email - which enables the consumer or trader to save information that is addressed to him or her personally, in a way that allows for future consultation or use for a period of time that is appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to cancel the distance contract during the cooling-off period;
9. Trader: the natural or legal entity who offers remote products, (access to) digital content and/or services to consumers from a distance;
10. Distance contract: an agreement that is concluded between the trader and the consumer as part of an organised system for the distance sale of products, digital content and/or services, whereby sole or joint use is made of one or more techniques for distance communication up to and including the moment at which the agreement is concluded;
11. Model form for retraction: the European model withdrawal form for as listed under Annex I of these terms and conditions. Annex I does not have to be made available if the consumer has placed an order that does include the right to withdrawal;
12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader having to be together in the same room at the same time.
Article 2 - Identity of the trader
21RUN is a subsidiary of ALL4SPORTS B.V.
Name of trader: All4sports B.V.
Trading under the names: 21RUN, All4running;
Business and Visiting Address:
Langestraat 83, 1811 JD, Alkmaar, The Netherlands
Telephone number: +31 (0)72 520 00 99
Telephone hours: Monday to Friday from 9:00 to 21:00, on Saturday from 9:00 to 17:00, on Sunday from 12.00 to 17.00.
Email address: [email protected]
KVK number Noordwest-Holland (Chamber of Commerce): 54637384
Vat-identification number (BTW): NL851382137B01
Article 3 - Scope of T&C
1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is entered into, the text of these general terms and conditions must be made available to the consumer. If this is not reasonably possible, the trader will indicate in which way the general terms and conditions can be consulted at the trader’s location and that they will be sent as soon as possible free of charge upon the request of the consumer before the distance contract is entered into.
3. If the distance contract is concluded electronically, then, 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 by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, 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, at his/her request, either electronically or in some other way.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him/her.
Article 4 - Offers
1. If an offer has a limited period of validity or is subject to special conditions, this will be stated explicitly in the offer description.
2. The offer must include a full and accurate description of the offered products, digital content and/or services. The description must be sufficiently detailed to ensure the consumer can make an appropriate assessment of the offer. If the trader uses images, they must be a faithful representation of the offered products, services and/or digital content. Any apparent mistakes or errors in the offer will not commit the trader.
3. Every offer must contain the information required that will ensure that it is clear to the consumer which rights and obligations he or she has with regard to accepting the offer.
Article 5 - Agreements
1. Notwithstanding the provisions under paragraph 4, the contract is concluded the moment the consumer accepts the offer and complies with the conditions attached to it.
2. If the consumer has accepted the offer electronically, the trader immediately sends an electronic acknowledgement of receipt of the acceptance of the offer. As long as the trader has not acknowledged receipt of this acceptance, the consumer is entitled to cancel the contract.
3. If the contract is concluded electronically, the trader takes all appropriate technical and organisational measures to protect the electronic data transfer and ensures a safe web environment. If the consumer is offered the possibility to pay electronically, the trader takes adequate measures to ensure safe electronic payment.
4. The trader may, within legal frameworks, obtain information about whether the consumer can meet his or her payment obligations as well as all those facts and factors that are important for responsibly entering into a distance contract. If the trader should have appropriate grounds not to enter into the contract based on this investigation, the trader will be justified to refuse an order or request while providing arguments or to link special conditions with regard to the execution.
5. The trader must at least send the following information in writing or in such a way that it can be stored on a durable data carrier by the consumer in an applicable manner when the product, service or digital content is delivered to the consumer:
a. the geographical address of the place of business of the trader to which the consumer may address any complaint;
b. the conditions and procedures for exercising the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. warranty and after-sales service information;
d. the price including all taxes of the product, service or digital content, the delivery costs and the payment insofar as they may apply and the delivery and distance contract execution method;
e. the requirements to cancel the contract if the contract has a duration of more than one year or is for an indefinite period of time;
f. if the consumer has a right of withdrawal, the model form for withdrawing.
6. In case of a continuing transaction, the provision of the previous paragraph only applies to the first delivery.
Article 6 - Rights of withdrawal
With regard to products:
1. The consumer may terminate a contract with regard to the purchase of a product during a cooling-off period of at least 14 days without having to specify reasons. The trader may ask for the reason for the withdrawal, but the consumer is under no obligation to specify his or her reason(s).
2. The cooling-off period specified in paragraph 1 shall start on the day after the consumer or a third person appointed by the consumer in advance who is not the shipper has received the product or:
a. If the consumer has ordered multiple products with regard to one and the same order: the day on which the consumer or a third party appointed by him or her has received the last product. The trader may refuse an order with multiple products with a different delivery date provided that he or she has informed the consumer about this clearly before the order process.
b. When the delivery of a product consists of different shipments or parts: the day on which the consumer or a third party appointed by him or her has received the last shipment or part.
c. With regard to contracts for the regular delivery of products during a specific period: the day on which the consumer or the third party who he or she has appointed has received the first product.
3. With regard to services and digital content that are not delivered on a material carrier: The consumer may terminate a contract for services or for delivery of digital content that has been supplied on a material carrier during a cooling-off period of at least 14 days without specifying reason(s). The trader may ask the consumer for the reason for the withdrawal, but the consumer may decide not to specify his or her reason(s).
4. The cooling-off period specified in paragraph 3 will start on the day that follows after the contract is entered into. Extended cooling-off period for products, services and digital content that has not been delivered on a material carrier when notifying about the right of withdrawal:
5. If the trader has not issued to the consumer the statutory mandatory information about the right of withdrawal or the model form for withdrawal, the cooling-off period will end twelve months after the end of the originally determined cooling-off period in accordance with the other paragraphs of this article.
6. If the trader has issued the information as referred to in the previous paragraph to the consumer within twelve months after the effective date of the original cooling-off period, the cooling-off period will elapse 14 days after the day on which the consumer has received this information.
Article 7 - Obligations of the consumer during the cooling-off period
1. The consumer must handle the product and the packaging with due care and attention during the cooling-off period. He or she must only unpack or use the product to the degree that is required to determine the nature, characteristics and operation of the product. The basic principle within this context is that the consumer may only handle and inspect the product as he or she would be allowed to do in a shop.
2. Only the consumer is liable for value reduction of the product that is the result of the method of handling the product that is more extensive than allowed based on paragraph 1.
3. The consumer is not liable for value reduction of the product if the trader has not issued to the consumer all statutory mandatory information about the right of withdrawal before or when entering into the contract.
Article 8 - Exercising the right of withdrawal by the consumer and the costs thereof
1. If the consumer wants to make use of his or her right of withdrawal, he or she must notify this within the cooling-off period by using the model form for withdrawal or in another unambiguous way to the trader.
2. The consumer must return the product as soon as possible but within 14 days after the day after the notification as referred to in paragraph 1 has been made or he or she must hand it over to the trader (or an authorised party thereof). This is not required when the trader has offered to pick up the product. The consumer will, in any case, have been deemed to have observed the return period when he or she returns the product before the cooling-off period has elapsed.
3. The consumer must return the product with all the delivered accessories in its/their original packaging if reasonably possible and in accordance with the reasonable and clear instructions of the trader.
4. The risk and the burden of proof for the correct and timely exercising of the right of withdrawal are vested on the consumer.
5. The consumer must bear the direct costs of the return of the product. If the trader has not notified that the consumer must bear these costs or if the trader indicates that he or she will bear the costs, the consumer does not have to bear the costs.
6. If the consumer withdraws after expressly having requested that the performance of the service or the supply of gas, water or electricity that was not ready before the sale be made to a limited volume or in a specific quantity must start during the cooling-off period, the consumer shall owe the trader an amount that is proportional to that part of the obligation that has been complied with by the trader at the time of withdrawal, when compared with the full compliance with the obligation.
7. The consumer will not bear any costs for the performance of services or the supply of water, gas or electricity that was not made ready before the sale in a limited volume or quantity or the supply of district heating if:
a. The trader does not issue to the consumer the statutory mandatory information about the right of withdrawal, the cost payment with regard to withdrawal or model form for withdrawal; or
b. The consumer has not expressly requested during the cooling-off period to have the performance of the service or the supply of gas, water, electricity or district heating.
8. The consumer will not bear the costs for the full or partial supply of the digital content not supplied on a material carrier if:
a. The consumer has not expressly agreed with the commencement of the compliance of the contract before the end of the cooling-off period prior to the delivery thereof;
b. The consumer has not recognise that he or she will lose his or her right of withdrawal when he or she gives his or her consent; or
c. The trader did not confirm the consumer's statement.
9. If the consumer uses his or her right of withdrawal, all additional contracts will be terminated by operation of law.
Article 9 - Obligations of the trader in the event of withdrawal
1. If the trader makes it possible for the consumer to send his notification of withdrawal electronically, he shall send an acknowledgement of receipt of this notification without delay.
2. The trader must pay all payments of the consumer including any delivery costs that the trader has charged for the returned product immediately and certainly within 14 days after the day on which the consumer notifies the withdrawal. Unless the trader offers to pick up the product, he or she may wait with the reimbursement until he or she has received the product or until the consumer proves that he or she has returned the product depending on the time that occurs first.
3. The trader must use the same payment method for the reimbursement that the consumer used unless the consumer agrees to another method. The reimbursement must not incur any costs for the consumer.
4. If the consumer has chosen for a more expensive delivery method than the cheapest standard delivery fee, the trader does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but only if the trader has specified this clearly with the offer or, at least, before the contract is entered into.
1. Products or services of which the price is linked to fluctuations on the financial market that are not controlled by the trader and that may occur within the withdrawal period.
2. Contracts concluded during a public auction. A public auction is a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who attends or is given the opportunity to attend the auction in person, under the direction of an auctioneer, and whereby the successful bidder is bound to purchase the products, digital content and/or services;
3. Contracts involving services, after full performance of the service but only if:
a. The performance was started with the consumer’s explicit prior consent; and
b. The consumer has stated that he or she will lose his or her right of withdrawal once the trader has completely executed the contract.
4. Package holidays as referred to in Article 7:500 of the Civil Code and passenger transport contracts;
5. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
6. Agreements relating to leisure activities, if the agreement provides for a certain date or period of execution;
7. Products produced in accordance with the specifications of the consumer that have not been manufactured and that are being produced based on an individual choice or decision of the consumer or that are clearly for a specific person;
8. Products that spoil quickly or that only have a limited shelf life;
9. Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
10. Products that, because of their nature, are irrevocably mixed with other products after delivery;
11. Alcoholic beverages regarding which the price has been agreed when the contract was entered into, but regarding which the delivery could only take place after 30 days and the actual value is dependent on fluctuations on the market that are out of the control of the trader.
12. Sealed audio and video recordings and computer software of which the seal has been broken after delivery;
13. Newspapers and magazines with the exception of subscriptions to these;
14. The delivery of digital content other than on a material carrier but only if:
a. The performance was started with the explicit prior consent of the consumer; and
b. The consumer has stated he or she will lose his or her right of withdrawal because of this.
Article 11 - Prices
1. Prices of the offered products and/or services will not be increased during the validity period specified in the offer except price changes as a result of changes in the tax (VAT) rates.
2. Contrary to the previous paragraph, the Trader may offer products or services, of which the prices are subject to fluctuations in the financial market that are beyond the Trader’s control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices shall be stated with the offer.
3. Price increases within 3 months of the conclusion of the contract are only allowed if they ensue from legislation or legal provisions.
4. Price increases later than 3 months of the conclusion of the contract are only allowed if the trader has stipulated this possibility and:
a. such increases ensue from legislation or legal provisions; or
b. the consumer is entitled to cancel the contract as of the date on which the price increase takes effect.
5. The prices specified in the offer of product or service include tax (VAT).
6. No rights can be derived from the reference price (the lowest price shown in the last 30 days).
Article 12 - Fulfilment of contract and additional warranty
1. The trader guarantees that the products and/or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations that exist on the date of agreement. If agreed, the trader will also guarantee that the product is suitable for other than normal use.
2. An extra warranty issued by the trader, his or her supplier, manufacturer or importer shall never restrict the statutory rights and claims that the consumer may exercise based on the contract with regard to the trader if the trader has failed in complying with his or her part of the contract.
3. Extra warranty means any obligation of the trader, his or her supplier, importer or producer through which he or she allocates specific rights or claims to the consumer that go further than what he or she must meet by operation of law if he or she should fail in complying with his or her part of the contract.
Article 13 - Delivery and execution
1. The trader will observe the greatest care when receiving and executing orders of products and when assessing requests to provide services.
2. The address that the consumer has notified to the trader will apply as the delivery address.
3. With due regard to the provisions made above in Article 4 of these General Terms and Conditions, the trader will execute accepted orders with appropriate speed and no later than within 30 days unless another delivery period has been agreed. If the delivery experiences a delay or if an order cannot be or can only be executed partially, the consumer will be notified about this 30 days at the latest after the order has been placed. The consumer will, in this case, have the right to terminate the entered into contract without incurring costs and will have a right to possible compensation.
4. After termination in accordance with the previous paragraph, the trader will immediately return the amount that the consumer has paid.
5. The risk of products being damaged and/or lost is vested on the trader until the items have been delivered to the consumer or a third party indicated in advance and the representative made known to the trader unless agreed otherwise expressly.
Article 14 - Continued performance transactions: duration, cancellation and renewal
1. The consumer can cancel at all times a contract that has been entered into for an indefinite period of time and that covers the regular delivery of products (including electricity) or services while observing the cancelation rules agreed for this purpose and a period of notice of no more than one month.
2. The consumer can cancel at all times a contract that has been entered into for a definite period of time and that covers the regular delivery of products (including electricity) or services by the end of the definite period while observing the cancelation rules agreed for this purpose and a period of notice of no more than one month.
3. The consumer is entitled to cancel the contracts mentioned in the paragraphs above:
a. at all times, without being forced to cancel at a certain time or in a certain period;
b. at least in the same manner as they were entered into by him/her;
c. always cancel using the same period of notice as the trader has stipulated for himself or herself.
4. A contract entered into for a specific period of time and that covers the regular delivery of products (including electricity) or services may not be renewed tacitly or renewed for a specific period of time.
5. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer has the right to terminate this renewed contract at the end of the renewal period, with a period of notice that does not exceed one month.
6. A contract that has been entered into for a specific period of time and that covers the regular delivery of products or services may only be renewed tacitly for an indefinite period of time if the consumer may cancel it at any time while applying a period of notice of no more than one month. The period of notice will not be more than three months when the contract covers the regular, but less than once a month, delivery of newspapers, weekly papers and/or magazines.
7. A contract that has been entered into for a specific period of time for the regular delivery as an introduction service of newspapers, weekly papers and/or magazines (trial or introductory subscriptions) will not be continued tacitly and will end automatically after the trial or introductory period ends.
8. When a contract is for a period longer than one year, the consumer may cancel it at all times after a year observing a period of notice of no more than one month unless reasonableness and fairness require otherwise in relation to cancellation before the end of the agreed period.
Article 15 - Payments
1. Insofar as it has not been agreed otherwise in the contract or additional terms and conditions, the amounts due and payable by the consumer must have been paid within 14 days after the cooling-off period has started or, should a cooling-off period not apply, within 14 days after entering into the contract. In the case of a contract to provide a service, this period will start on the day after the consumer has received the confirmation of the contract.
2. The consumer may never be made to pay an advance of more than 50% in relation to products being sold to consumers. When advance payment is stipulated, the consumer cannot appeal to any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to report immediately to the trader any mistakes in payment data informed or stated.
4. If the consumer does not meet this payment obligation (or obligations) in time, the consumer will owe the statutory interest over the amount that is still due and payable and the trader will be entitled to pass on the extrajudicial collection costs that he or she incurs after the consumer has been told by the trader about the late payment and the trader has given the consumer another period of 14 days to meet these payment obligations after no payment has been received within the initial 14-day period. These collection costs will amount to no more than: 15% over the outstanding amounts up to € 2,500, 10% over the next € 2,500 and 5% over the next € 5,000 where a minimum of € 40 will apply. The trader may deviate from the specified amounts and percentages to the benefit of the consumer.
Article 16 - Complaints procedure
1. The trader has a complaint procedure, duly made available to the consumer, and deals with the complaint in accordance with this complaint procedure.
2. Fully and clearly described complaints about the execution of the contract must be submitted to the trader within an appropriate period of time after the consumer has observed the defects or shortcomings.
3. Complaints filed with the trader shall be answered within a period of 14 days from the date of receipt. If it is likely that a complaint will take more time, the trader shall reply within a period of 14 days with a notice of receipt and an indication of when the consumer can expect a more elaborate reply.
4. The consumer must give the trader at least four weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 17 - Disputes
1. Contracts between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
ARTICLE 18 - Additional or deviating provisions
1.Additional provisions or provisions that deviate from these General Terms and Conditions may not be to the Consumer's detriment and should be recorded in writing or in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.
Article 19 - Additional Terms and Conditions for Brooks products
The following additional terms and conditions apply when purchasing Brooks products. Why these extra terms and conditions? Because we handle Brooks products differently than the other products and brands available on our website. In this text, Brooks is short for Brooks Sports B.V.; a company incorporated and registered in the Netherlands with Dutch Chamber of Commerce Registration Number 59935472 and a registered office at Olympisch Stadion 33, 1076 DE Amsterdam, The Netherlands.
ABOUT THE SUPPLY OF BROOKS PRODUCTS
The domain for Brooks products is https://21run.com/eu/brands/brooks.
Where we sell Brooks products, we:
a. market Brooks products on our website on behalf of Brooks;
b. deal with communications with you about your Brooks order, including sending you an order confirmation via e-mail;
c. handle the payments you make for Brooks products and receive and administer those payments on behalf of Brooks. This means that we may also undertake credit checks where relevant in dealing with those payment arrangements;
d. handle returns of Brooks products on behalf of Brooks and deal with any after sales questions or issues you might have. Please note that in accordance with our arrangement with Brooks, 21RUN is not an agent of Brooks and does not have the authority to bind Brooks in any way.
CHANGES TO THE RANGE OF BROOKS PRODUCTS
Brooks has the right to determine which of its products it wishes to make available for sale via 21RUN and so we cannot give any guarantee that any particular product range will continue to be available for any given period of time.
YOUR PERSONAL DATA - TRANSFER TO BROOKS
In order for Brooks to generate the invoice(s) and credit memo(s) for the products you purchase, we will need to transfer your personal data to Brooks. This will include your name, address, unique order number and order items. The relevant Brooks entity which will receive the data is Brooks Sports B.V., incorporated and registered in the Netherlands with Dutch Chamber of Commerce Registration Number 59935472 whose registered office is at Olympisch Stadion 33, 1076 DE Amsterdam, The Netherlands. We have a contract in place with Brooks which sets out the data protection obligations of the parties.
We provide this data to Brooks as it is necessary to allow the proper performance of your contract with us and in order to allow your products to be delivered to you. Brooks may also retain your personal data for as long as it is properly required and may also transfer it to relevant third parties.
ANNEX 1 - MODEL WITHDRAWAL FORM
You can download the model withdrawal form by clicking on this link.