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Terms and conditions

By using rogelli.com or by placing an order, you agree to the terms and conditions below. Make sure you have read and understood the conditions before you place your order.

By making use of rogelli.com or by placing an order, you agree to the terms and conditions below. Make sure you have read and completely understood the terms and conditions before placing an order.

TABLE OF CONTENTS:

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability 
Article 4 – Offers
Article 5 – The agreement
Article 6 – Right of withdrawal 
Article 7 – The obligations of the consumer during the time of consideration
Article 8 – Exertion of right or withdrawal by the consumer and associated costs
Article 9 – Obligations of Rogelli Sportswear in case of withdrawal
Article 10 – Exclusions to right of withdrawal
Article 11 – Pricing
Article 12 – Fulfilment and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or different stipulations

 

Article 1 – Definitions

In these general terms and conditions, the following terms are defined as stated below:

  1. Additional agreement: An agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Time of consideration: The time limit within which the Consumer can use his right of withdrawal;
  3. Consumer: a natural person who does not act for purposes relating to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: Data which are produced and supplied in digital form;
  6. Long time agreement; An agreement that competent in the regularly delivering of things, services and/or digital content for a period of time.
  7. Long-term data carrier: Each device – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a way that ensures future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or partial use is made of one or more techniques for distance communication;
  11. Model withdrawal form: the European model withdrawal form set out in Annex I to these Terms and Conditions;

 

Article 2 – Identity of the entrepreneur

Gowa Sportswear B.V. owner of the brand Rogelli Sportswear.
Pastoor Palsstraat 4, 4711CN Sint Willebrord, The Netherlands
Telephone number: 0165-386644
E-mail: Customerservice@rogelli.com
Chamber of Commerce number: 20079444
VAT identification number: NL8043.05.882.B01

If the Entrepreneur’s activity is subject to a relevant licensing regime: information about the supervising authority;

If the Entrepreneur practises a regulated profession:
1. the professional association or organization of which he is a member;
2. the title of his profession, the place in the EU or the European Economic Area where it is awarded;
3. a reference to the rules of professional practice which are applicable in the

Netherlands and information about where and how these professional rules can be accessed.

 

Article 3 – Applicability

  1. These Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
  2. Before concluding a distance contract, the Entrepreneur shall make the text of these Terms and Conditions available to the Consumer. If this is reasonably not possible, the Entrepreneur, before concluding the distance contract, shall notify that the Terms and Conditions can be inspected at the Entrepreneur´s and that, at the Consumer´s request, they will be sent to the Consumer free of charge as soon as possible.
  3. If the distance contract is concluded electronically, the text of these Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the Terms and Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Consumer´s request free of charge, either via electronic means or otherwise;
  4. If in addition to these Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory Terms and Conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.

 

Article 4 – Offers

  1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
  2. The offer contains a full and accurate description of the products, digital content and / or services offered. The description is suitably detailed to enable the Consumer to adequately assess the offer. If the Entrepreneur makes use of pictures, they are truthful images of the products, services and/or digital content provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.
  3. All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer.

 

Article 5 – The agreement

  1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
  2. If the consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
  3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
  4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
  5. The Entrepreneur shall at least at delivery send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a durable data carrier:
    1. the visiting address of the Entrepreneur´s business establishment where the consumer may get into contact for any complaints;
    2. the conditions on which and the way in which the consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
    3. the information corresponding to existing after-sales services and guarantees;
    4. the price including all taxes of the product, service or digital content; insofar as applicable the costs of delivery; and the method of payment, delivery or execution of the distance contract;
    5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    6. if the consumer has a right of withdrawal, the model withdrawal form.
  6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery

 

Article 6 – Right of withdrawal 

For products:

  1. The consumer may terminate a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for the withdrawal, but does not oblige the consumer to state his reason(s).
  2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party other than the carrier and indicated in advance by the consumer, has received the product or:
    1. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party indicated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order with several products with a different delivery time.
    2. If the delivery of a product consist out different shipping’s or parts: the day on which the consumer, or a third party indicated by him, has received the last consignment or the last part;

For services and digital content not supplied on a tangible medium:

  1. The consumer may terminate a service arrangement and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for the withdrawal, but does not oblige the consumer to state his reason(s).
  2. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that is not delivered on a material carrier when not informing about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period shall end twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

 

Article 7 – The obligations of the consumer during the time of consideration

  1. During the cooling-off period, the consumer will handle the product and its packaging with care. He/She shall unpack or use the product only to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point hereby is that the consumer can only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
  3. The consumer is not liable for reduction in the value of the product if the entrepreneur has not provided him with all the legally required information on the right of withdrawal before or at the time of concluding the contract.

 

Article 8 – Exertion of right or withdrawal by the consumer and associated costs

  1. If the consumer makes use of his right of withdrawal, he/she will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in some other unambiguous way.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has observed the return period in any case if he returns the product before the reflection period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, in accordance with the by the entrepreneur delivered reasonable and clear instructions.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer shall bear the direct cost of returning the product. If the entrepreneur has not indicated that the consumer should bear these costs or if the Entrepreneur indicates that he should bear these costs himself, the consumer does not have to bear the costs of returning the product.
  6. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a material carrier, if:
    1. the consumer has not expressly agreed, prior to the delivery of the goods, to the commencement of the performance of the contract before the end of the cooling-off period;
    2. he has not acknowledged the loss of his right of withdrawal in granting his consent;
    3. the entrepreneur has bequeathed to confirm this statement by the consumer.
  7. If the consumer makes use of his right of withdrawal, all additional contracts will be dissolved by operation of law.

 

Article 9 – Obligations of Rogelli Sportswear in case of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send an acknowledgement of receipt after receipt of this notification.
  2. The entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him about the retour. Unless the entrepreneur offers to collect the product himself, he may wait to repay until he has received the product or until the consumer proves that he has returned the product, whichever is the earliest.
  3. The entrepreneur will use the same means of payment as the consumer for repayment, unless the consumer agrees to another method. The refund is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

 

Article 10 – Exclusions to right of withdrawal

The entrepreneur may exclude the following products from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the contract:

  1. Products the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service agreements, after full performance of the service, but only if:
    1. the performance has begun with the express prior consent of the consumer; and
    2. the consumer has declared that he loses his right of withdrawal as soon as the trader has fully performed the contract;
  1. Agreements regard to leisure, if the agreement provides for a specific date or period of execution thereof;
  2. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
  3. Products that spoil quickly or have a limited shelf life;
  4. Sealed products which are not suitable for return for reasons of health protection or hygiene and where the seal has been broken after delivery;
  5. Products which, after delivery, have been irrevocably mixed with other products by their nature;
  6. Alcoholic beverages the price of which was agreed upon when the agreement was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
  7. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
  8. Newspapers, periodicals and magazines, excluding subscriptions to them;
  9. The delivery of digital content other than on a tangible medium, but only if:
    1. the performance has begun with the express prior consent of the consumer; and
    2. the consumer has declared that by doing so he loses his right of withdrawal.

 

Article 11 – Pricing

  1. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price 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 that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
  3. Price increases within 3 months after concluding the contract are permitted only as a result of new legislation.
  4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and:
    1. they are the result of legal regulations or stipulations; or
    2. the consumer has the authority to cancel the contract before the day on which the price increase starts.
  5. All prices indicated in the provision of products or services are including VAT.

 

Article 12 – Fulfilment and additional warranty

  1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usefulness and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the trader based on the contract if the trader has not fulfilled his part of the contract.
  3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed in the fulfilment of his part of the agreement.

 

Article 13 – Delivery and execution

  1. The entrepreneur will take the best possible care into account when receiving and executing product orders and when assessing applications for the provision of services.
  2. The place of delivery is at the address given by the consumer to the company.
  3. With due observance of the stipulations in article 4 of these General terms and conditions, the entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer shall be informed about this within one month after ordering. In such cases, the consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  5. The risk of damage and / or loss of products rests with the entrepreneur up to the time of delivery to the consumer or a previously designated and announced representative to the entrepreneur, unless otherwise expressly agreed.

 

Article 14 – Duration transactions: duration, cancellation and extension

Cancellation:

  1. Regarding an indefinite time contract, which extends to the regular delivery of products (including electricity) or services the consumer may terminate at any time in compliance to the applicable termination rules and a notice of up to one month.
  2. Regarding a definite time contract, which extends to the regular delivery of products (electricity included) or services the consumer can terminate the contract at any time at the end of the fixed term in compliance with the applicable termination rules and with a notice of at the most one month.
  3. The consumer can use the agreements mentioned in the previous paragraphs:
    1. cancel at any time and not limited to termination at a specific time or in a specific period;
    2. at least cancel the same way as they are entered into by the consumer;
    3. always terminate with the same period of notice as the entrepreneur has stipulated for himself

Extension:

  1. An agreement entered into for a definite period of time and concluded for the regular supply of products (including electricity) or services may not be tacitly renewed or renewed for a specified duration.
  2. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly prolonged for a fixed term that does not exceed three months, if the consumer terminates this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.
  3. A contract concluded for a fixed period for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer has the right to be terminated at any time, subject to a notice period that is not higher. then a month. The notice period is not longer than three months if the contract is intended for the regular delivery of daily, news and weekly newspapers and magazines, but less than once a month.
  4. A fixed-term contract for the regular supply of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

  1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness resisting termination before the end of the agreed period.

 

Article 15 – Payment

  1. Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers, the general terms and conditions may never oblige the consumer to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has been made.
  3. The consumer has the duty to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
  4. If the consumer does not meet his payment obligation (s) in time, he will owe statutory interest on the outstanding amount after the entrepreneur has informed him of the late payment and the owner has offered the consumer a period of 14 days to still fulfill his payment obligations, after not paying within this period of 14 days, the entrepreneur has the right to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500,=; 10% on the following € 2.500,= and 5% on the following € 5.000,= with a minimum of € 40,=. The entrepreneur may deviate from these amounts and percentages for the benefit of the consumer.

 

Article 16 – Complaints procedure

  1. The entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.
  2. Complaints about the performance of the contract shall be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. The complaints submitted with the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
  4. If the complaint cannot be resolved in mutual consultation within a reasonable period of time or within 3 months after the submission of the complaint, a dispute arises that is subject to the dispute settlement procedure.

 

Article 17 – Disputes

  1. Contracts between the entrepreneur and the consumer, to which these general terms and conditions apply, are exclusively governed by Dutch law.

 

Article 18 – Additional or different stipulations

Additional provisions of and/or deviations from these general terms and conditions may not be to the consumer’s detriment and must be put in writing or be recorded in such a way that the consumer can stored them in an accessible manner on a long-term data carrier.