General Terms and Conditions

Definites

In these terms and conditions, the following words have the meanings stated after them, unless the context otherwise requires:

Reflection period means the period within which a consumer can make use of his right of withdrawal;

Consumer means any natural person who is not acting for purposes relating to his trade, business, craft or profession;

Day means calendar day;

Digital content means data produced and supplied in digital form;

Durable medium means any instrument – including email – that enables a consumer or Active Panther to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;

Right of withdrawal means the possibility for a consumer to cancel the distance contract within the cooling-off period;

Distance Contract means an agreement concluded between Active Panther and a consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;

Withdrawal Form means the form included in the Appendix to these terms and conditions for a consumer to cancel the distance contract within the cooling-off period;

Active Panther means the company NSTS Trading BV, located at Theemsweg 36, 1043BJ, Amsterdam and registered in the Trade Register of the Chamber of Commerce under number 77841263; and

Website means the Active Panther website, being www.activepanther.com.

Applicability

These general terms and conditions apply to every offer from Active Panther and to every distance contract concluded between Active Panther and a consumer.
Before the distance contract is concluded, the text of these general terms and conditions will 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, Active Panther will indicate before the distance contract is concluded how the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the latter shall apply accordingly and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to him.

Offer

Obvious mistakes or obvious errors in the offer of products, digital content and/or services do not bind Active Panther.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Agreement

The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, Active Panther will immediately confirm receipt of acceptance of the offer electronically.

Right of withdrawal

The consumer can cancel an agreement regarding the purchase of a product during a reflection period of 30 days without giving any reason.
The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. Active Panther may refuse an order for multiple products with different delivery times, provided it has clearly informed the consumer of this prior to the ordering process.
if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part; or
for contracts for regular delivery of products over a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.

The consumer can cancel a service agreement and an agreement for the supply of digital content which is not supplied on a tangible medium within 30 days without giving any reason.
The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Treatment of Product During the Reflection Period

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
The consumer is liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.

Exercise of the right of withdrawal

If the consumer exercises his right of withdrawal, he shall notify Active Panther of this within the cooling-off period by means of the withdrawal form or in another unambiguous manner.
As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) Active Panther. This is not necessary if Active Panther has offered to collect the product itself. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.
The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the instructions provided by Active Panther.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product.
If the performance of the service commences during the cooling-off period, the consumer owes an amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared with the full fulfilment of the obligation.

Obligations of Active Panther upon revocation

If Active Panther makes it possible for the consumer to notify the withdrawal electronically, it will immediately send an acknowledgement of receipt after receiving this notification.
Active Panther will reimburse all payments made by the consumer, including any delivery costs charged by Active Panther for the returned product, without delay, but within 30 days of the day on which the consumer notifies them of the withdrawal. Unless Active Panther offers to collect the product itself, it may withhold reimbursement until it has received the product or until the consumer proves that they have returned the product, whichever is earlier.
Active Panther will use the same payment method the consumer used for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Active Panther is not obliged to reimburse the additional costs for the more expensive method.

Price

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.
Notwithstanding the previous paragraph, Active Panther may offer products and/or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if Active Panther has stipulated this and:

these are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer of products and/or services include VAT.

Compliance with Agreement and Additional Warranty

Active Panther 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 legal provisions and/or government regulations in force on the date the agreement is concluded.
In any event, no claim can be made under paragraph 1 of this article (i) in the event of damage caused intentionally or by negligence, (ii) in the event of normal wear and tear and/or (iii) in the event of damage caused by failure to observe or incorrect observance of the instructions for use or directions for use.
An additional warranty provided by Active Panther, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against Active Panther under the agreement if Active Panther has failed to fulfil its part of the agreement.
An extended warranty is defined as any commitment by Active Panther, its supplier, importer, or manufacturer that grants the consumer rights or claims beyond those legally required in the event of failure to fulfill its part of the agreement.

Execution of Agreement and Delivery

Active Panther will exercise the utmost 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 provided to Active Panther.
The consumer must provide Active Panther with their correct address and email address. Any changes to these addresses must also be communicated to Active Panther in a timely manner. If the consumer provides an incorrect delivery address, any additional shipping costs will be borne by the consumer.
Delivery will take place while stocks last.
Ownership of delivered products transfers to the consumer after the amount due has been paid. Risk of the products passes to the consumer upon delivery.
Active Panther will fulfill accepted orders within one business day, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than one business day after placing the order. In that case, the consumer has the right to cancel the agreement free of charge.
After termination in accordance with the previous paragraph, Active Panther will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with Active Panther until the moment of delivery to the consumer or a previously designated representative made known to Active Panther, unless expressly agreed otherwise.

Payment

Unless otherwise specified in the agreement, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 30 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer receives confirmation of the agreement.
The consumer is obligated to immediately report any inaccuracies in payment information provided or stated to Active Panther. Payment orders for giro and bank accounts are at the expense and risk of the person issuing the payment order (or authorization).

Accounts and Registration

Consumers can create an account or otherwise register on the website. Active Panther reserves the right to refuse such a registration request or to cancel the registration, for example, if irregularities are discovered.
Login details are strictly personal and may not be shared with third parties. The consumer is responsible for the use of their login details, even if this occurs without their knowledge.
The consumer will immediately notify Active Panther if he suspects that his login details are known to a third party or if any other irregularities occur.
Consumers are not permitted to apply for or manage more than one account. Consumers are also not permitted to (re)apply for or manage an account after Active Panther has rejected the consumer's application for an account or has terminated the consumer's account after registration.

Force majeur

Active Panther and the consumer are not obliged to fulfil any obligation if they are prevented from doing so as a result of a circumstance that is not their fault and for which they are not responsible under the law, a legal act or generally accepted views.

Complaints procedure

Active Panther has a sufficiently well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to Active Panther as soon as possible after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to Active Panther will be answered within two months of receipt. If a complaint requires a foreseeably longer processing time, Active Panther will respond within two months with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

Privacy and Security

Active Panther respects the privacy of its customers. Active Panther handles and processes all personal data provided to it in accordance with applicable law, in particular the General Data Protection Regulation. The customer consents to this processing. To protect the customer's personal data, Active Panther implements appropriate security measures.
For more information about privacy, please visit the Active Panther website.

Other

Any deviations from these general terms and conditions can only be agreed upon in writing. Such deviations do not confer any rights with regard to subsequent legal relationships.
Unless proven otherwise, Active Panther's records will serve as proof of the consumer's requests and/or orders. The consumer acknowledges that electronic communication can serve as proof.
Active Panther is entitled to transfer the rights and obligations under the agreement with you to a third party by giving you notice.
If and to the extent any provision of these terms and conditions is declared null and void or annulled, the remaining provisions of these terms and conditions will remain in full force and effect. Active Panther will then establish a new provision to replace the void/annulled provision, taking into account the intent of the void/annulled provision as much as possible.

Applicable Law

Agreements and all resulting non-contractual obligations between Active Panther and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Appendix Withdrawal Form

To: Infinity Athletics, Lindelaan 26, 5995 NM, Kessel.

Email address: returns@activepanther.com

I hereby inform you that I revoke our agreement concerning the purchase of the following order:

Order or order number:

Ordered/received on (dd-mm-yyyy):

Please enter the date you received your order or the date of your order above.

First and last name:

Street name + house number:

Postal Code:

Place of residence:

Email address:

Date:

Signature

Please sign this form if you are sending this form by post instead of email.

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