Terms and Conditions
Article 1 – Definitions
1.1. Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are delivered by SPEEDPOINT or by a third party based on an agreement between that third party and SPEEDPOINT.
1.2. Reflection period: the period during which the consumer can exercise their right of withdrawal.
1.3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or professional activity.
1.4. Day: calendar day.
1.5. Digital content: data produced and delivered in digital form.
1.6. Duration contract: a contract that extends to the regular delivery of goods, services, and/or digital content over a specified period.
1.7. Durable data carrier: any tool – including email – that allows the consumer or SPEEDPOINT to store information addressed personally to them in a way that facilitates future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows for the unchanged reproduction of the stored information.
1.8. Right of withdrawal: the consumer’s option to opt out of the distance contract within the reflection period.
1.9. Entrepreneur: SPEEDPOINT under which the brand name Speedpoint is registered.
1.10. Distance contract: an agreement concluded between SPEEDPOINT and the consumer within the framework of an organized system for the distance selling of products, digital content, and/or services, using one or more means of distance communication up to and including the time at which the contract is concluded.
1.11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms.
1.12. Means of distance communication: a tool that can be used for concluding an agreement, without the consumer and SPEEDPOINT being together in the same space.
Article 2 – Entrepreneur’s identity
Entrepreneur’s name: SPEEDPOINT
Establishment address: Helmondseweg 111 t 15 5751 PH Deurne, Holland
Phone number: +31633855183
Email address: info@speedpointshop.com
Chamber of Commerce number: 80333605
Article 3 – Applicability
3.1. These general terms and conditions apply to every offer from SPEEDPOINT and to every distance contract that is concluded between SPEEDPOINT and the consumer.
3.2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, SPEEDPOINT will indicate how the general terms and conditions can be viewed at SPEEDPOINT and that they will be sent free of charge to the consumer as quickly as possible upon request.
3.3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily 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 consumer can view the general terms and conditions electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
3.4. 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 accordingly, and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to them.
Article 4 – The offer
4.1. The offer contains a full and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.
4.2. If SPEEDPOINT uses images, they are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or obvious errors in the offer do not bind SPEEDPOINT.
4.3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer, including:
– The reflection period of 14 days or, if a reflection period is excluded, the information about this exclusion.
– Clear information on the rights and obligations that the acceptance of the offer entails.
Article 5 – The contract
5.1. The contract, subject to the provisions of paragraph 4, is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
5.2. If the consumer has accepted the offer electronically, SPEEDPOINT will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by SPEEDPOINT, the consumer can dissolve the contract.
5.3. If the contract is concluded electronically, SPEEDPOINT will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, SPEEDPOINT will observe appropriate security measures.
5.4. SPEEDPOINT may, within legal frameworks, gather information about the consumer’s ability to fulfill their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, SPEEDPOINT has good reasons not to enter into the contract, it is entitled to refuse an order or request or to attach special conditions to the execution.
5.5. SPEEDPOINT shall provide the consumer with the following information, in writing or in such a manner that the consumer can store it in an accessible way on a durable medium, at the latest at the time of delivery of the product, service, or digital content:
a. The visiting address of the SPEEDPOINT establishment where the consumer can lodge complaints;
b. 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;
c. Information about warranties and existing service after purchase;
d. The price including all taxes of the product, service, or digital content; if applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
e. The requirements for terminating the agreement if the contract has a duration of more than one year or is indefinite;
f. If the consumer has a right of withdrawal, the model withdrawal form.
5.6. 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:
6.1. The consumer can terminate an agreement regarding the purchase of a product during a minimum reflection period of 14 days without giving reasons. SPEEDPOINT is allowed to ask the consumer for the reason of withdrawal but cannot force the consumer to state their reason(s).
6.2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
a. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, receives the last product. SPEEDPOINT may, provided it has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.
b. If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or the last part;
c. For contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, receives the first product.
For services and digital content not supplied on a tangible medium:
6.3. The consumer can terminate a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium within a minimum of 14 days without giving reasons. SPEEDPOINT can ask the consumer for the reason for withdrawal but cannot force the consumer to state their reason(s).
6.4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services, and digital content not supplied on a tangible medium in case of not informing about the right of withdrawal:
6.5. If SPEEDPOINT has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original, in accordance with the previous paragraphs of this article, reflection period.
6.6. If SPEEDPOINT has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
Article 7 – Consumer’s obligations during the reflection period
7.1. During the reflection period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
7.2. 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.
7.3. The consumer is not liable for depreciation of the product if SPEEDPOINT did not provide all legally required information about the right of withdrawal.
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Article 8 – Exercising the consumer’s right of withdrawal and the costs
8.1 After receiving the products, the consumer has a reflection period of fourteen (14) days to withdraw from the contract with SPEEDPOINT without stating reasons.
8.2 This period starts on the day the consumer, or a third party designated by the consumer who is not the carrier, physically acquires the goods, or:
a. If the consumer has ordered several goods in the same order which are delivered separately, the day on which the consumer, or a third party designated by them, physically acquires the last good;
b. If the delivery of a good consists of multiple shipments or parts, the day on which the consumer, or a third party designated by them, physically acquires the last shipment or the last part;
c. For contracts for regular delivery of goods during a defined period, the day on which the consumer, or a third party designated by them, physically acquires the first good.
8.3 If the consumer exercises their right of withdrawal, they shall notify SPEEDPOINT within the reflection period using the model withdrawal form or in another unequivocal manner.
8.3.1 Model withdrawal form:
To: [SPEEDPOINT’s address]
I/We (*) hereby notify that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/provision of the following service (*), Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Date,
Signature of consumer(s) (only if this form is submitted on paper),
(*) Delete where inapplicable.
8.3.2 To meet the withdrawal deadline, it is sufficient for the consumer to send their communication concerning their exercise of the right of withdrawal before the withdrawal period has expired.
8.3.3 During the reflection period, the consumer will handle the product and packaging with care.
8.3.4 The consumer is liable for any diminished value of the products resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the products.
8.3.5 The consumer must return the products as soon as possible but within 14 days from the day following the communication of their decision to withdraw from the contract. The consumer returns the products to an address specified by SPEEDPOINT. The consumer must send back the products in their original packaging as much as possible and should minimize damage to the packaging. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
8.3.6 The consumer bears the direct costs of returning the product.
Obligations of SPEEDPOINT in case of withdrawal:
8.4 If SPEEDPOINT enables the notification of withdrawal by electronic means, it will send an immediate acknowledgment of receipt after receiving this notification.
8.5 SPEEDPOINT shall reimburse all payments from the consumer, including, if any, delivery costs charged by SPEEDPOINT for the returned product, without undue delay and in any event not later than 14 days from the day on which it is informed of the consumer’s decision to withdraw from the contract.
8.6 SPEEDPOINT will carry out such reimbursement using the same means of payment as the consumer used for the initial transaction unless the consumer has expressly agreed otherwise. In any event, the consumer will not incur any fees as a result of such reimbursement.
8.7 If the consumer has opted for a type of delivery other than the least expensive type of standard delivery offered by SPEEDPOINT, SPEEDPOINT need not reimburse the additional costs for the more expensive method.
8.8 SPEEDPOINT is not required to reimburse the additional costs if the consumer explicitly chose a type of delivery other than the least expensive standard delivery offered by SPEEDPOINT.
8.9 SPEEDPOINT may withhold reimbursement until it has received the goods back, or the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
8.10 SPEEDPOINT may deduct from the reimbursement for diminution in value of any goods returned, if the loss is the result of unnecessary handling by the consumer.
8.11 SPEEDPOINT may exclude certain products from the right of withdrawal for health protection or hygiene reasons if their seal has been broken after delivery.
Article 9 – Prices
9.1 All prices and rates are in euros, including VAT, and include any other government levies imposed at the time of the agreement unless explicitly stated otherwise.
9.2 All prices and rates stated on SPEEDPOINT’s website and in its mailings are subject to price changes, programming, and typographical errors.
Article 10 – Payment
10.1 Unless agreed otherwise, payment for products or services provided by SPEEDPOINT is made via online payment orders. SPEEDPOINT reserves the right to amend payment conditions if it deems this necessary based on the consumer’s financial status or payment history.
10.2 Payments can be made using credit cards (Mastercard, VISA, American Express, or Google Pay), iDeal, or PayPal. All orders must be paid by the consumer using the chosen payment method. If the consumer opts for iDeal or Bancontact, the full purchase price must be prepaid by the consumer.
10.3 SPEEDPOINT is entitled to suspend the fulfillment of its obligations if the consumer does not meet their payment obligations under the agreement.
10.4 If payment is made by credit card, the following applies: The provided credit card information will be verified before the transaction is completed. Products will only be shipped to the address specified by the consumer during the ordering process, which should match the credit card holder’s address.
10.5 The company Mollie BV, located at Keizersgracht 126, 1015 CW Amsterdam, the Netherlands, is responsible for processing credit card payments. All credit card information is entered directly into the system of Mollie B.V. in the Netherlands and cannot be accessed or stored by us.
Article 11 – Delivery
11.1 All delivery terms mentioned by SPEEDPOINT are estimated and based on the information and circumstances known at the time of entering into the agreement. Specified delivery times are never considered as strict deadlines.
11.2 Exceeding any delivery term does not entitle the consumer to compensation or the right to cancel their order or terminate the agreement unless such delay exceeds the maximum legal delivery time of thirty (30) working days. In such cases, the consumer has the right to dissolve the contract free of charge and should notify SPEEDPOINT in writing. Any payments made will be refunded to the consumer within fourteen (14) working days after notification.
11.3 SPEEDPOINT delivers orders via its website exclusively.
Article 12 – Transport and damage at delivery
12.1. Unless agreed otherwise, the contract includes the transport of the purchased goods by SPEEDPOINT, which bears the risk of damage and loss. If goods are delivered by a professional carrier, SPEEDPOINT is required to ensure adequate insurance. If damages are noticed upon delivery, the recipient should note these damages on the delivery receipt. If there is no opportunity to check for potential damages upon delivery, this should be noted on the delivery receipt. Any visible damages should be reported to SPEEDPOINT within two working days after delivery.
12.2. Product images may not always correspond to the appearance of delivered products. In particular, changes can occur in the appearance and packaging of products following assortment renewals by the manufacturer. Claims about defects that relate to non-essential changes in the product are not valid.
12.3. If delivered products are defective, the consumer can choose between a replacement product or repair of the defect within a reasonable term. The General Terms and Conditions apply fully to the new delivery. If the chosen remedy is impossible or disproportionately costly for SPEEDPOINT, it has the right to refuse the remedy. SPEEDPOINT bears the costs of the remedy. If repair or replacement is not possible or the costs are disproportionately high, the consumer has the right to dissolve the purchase or demand a reduction in the purchase price, considering the usage of the product till that moment.
12.4. Any claim the consumer may have regarding delivered products will also lapse if:
– the products can no longer be identified as being supplied by SPEEDPOINT;
– the defects are due to normal wear, improper or incorrect handling, use, storage, or maintenance of the products;
– SPEEDPOINT was not given the opportunity to investigate the complaints and fulfill its obligations;
– the consumer has not met, has not met timely, or has not adequately met any of his obligations.
12.5. If it is demonstrated that the products do not conform to the contract, SPEEDPOINT has the option either to replace the returned products or repair them or to refund the invoice value. These General Terms and Conditions fully apply to any new delivery.
12.6. Complaints about defects expire two years after the delivery of the products.
12.7. The costs for returning products with proven defects are borne by SPEEDPOINT.
Article 13 – Website Use
13.1 All Intellectual Property Rights, including, but not limited to, copyright, trademark rights, and database rights on the information, texts, images, logos, photos, and illustrations on the website and on the layout and design of the website rest with SPEEDPOINT and/or its licensors. Consumers and users of the website acknowledge these rights and guarantee they will refrain from any infringement thereof, including making copies of the website other than technical copies necessary for the use of the website (loading and display).
13.2 The information on the website is compiled and maintained by SPEEDPOINT with continuous care and attention. However, errors cannot always be prevented. Therefore, no rights can be derived from the information provided on the website. SPEEDPOINT accepts no liability for any damage resulting from the use of the website or from the incompleteness and/or inaccuracy of the provided information and/or damages resulting from the unavailability of the website.
13.3 The website contains hyperlinks to websites that are maintained by third parties. SPEEDPOINT has no influence on the information, products, and services listed on these websites and accepts no liability for any damage resulting from the use of these websites.
13.4 SPEEDPOINT bears no responsibility for photos, descriptions, and other informational materials on the website that have been published by third parties.
13.5 SPEEDPOINT does not guarantee that emails or other electronic messages sent to it will be received and processed on time and accepts no liability for consequences arising from the late or non-receipt or processing of such messages.
13.6 The version of any communications as stored by SPEEDPOINT shall be considered authentic, unless the consumer provides proof to the contrary.
Article 14 – Consumer’s obligations
14.1 If the consumer requests an account on SPEEDPOINT’s website, after verification and approval, SPEEDPOINT will provide the consumer with a username and password. This information is strictly confidential and intended solely for the user who has registered.
14.2 The consumer guarantees that the user is authorized to place orders on behalf of the consumer.
14.3 The consumer is responsible for ensuring that the username and password are used confidentially and are not disclosed to third parties. SPEEDPOINT may assume that all actions performed using the consumer’s username and password are authorized by the consumer.
Article 15 – Liability
15.1 All modifications to the packaging and package leaflets should be followed. No liability is accepted for any deviation in use or handling thereof.
15.2 Except in cases of intent or gross negligence, SPEEDPOINT is not liable for any damage arising from the inaccuracy, incompleteness, or illegality of the content of the website, the incorrect use of the website by the consumer, or the provision of incorrect data by the consumer. Furthermore, except in cases of intent or gross negligence, SPEEDPOINT is not liable for damages resulting from its products or any failure in the execution of the agreement or any other obligations towards the consumer.
15.3 Any damage, as referred to in the previous paragraph, attributed by the consumer to intentional acts or gross negligence on SPEEDPOINT’s part must be reported in writing to SPEEDPOINT as soon as possible but no later than thirty (30) days after its occurrence. Damage not reported within this period is not eligible for compensation, unless the consumer can demonstrate that they could not have reported the damage earlier.
Article 16 – Involving third parties
16.1 SPEEDPOINT is entitled to use third-party services and products in executing agreements, whether through subcontracting or temporary hiring of personnel. These third parties are authorized to act on behalf of SPEEDPOINT in executing the agreement.
16.2 Provisions regarding liability, as mentioned in Article 13, also apply to these third parties.
Article 17 – Disputes
17.1 The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/. This platform allows consumers to resolve disputes related to their online orders without the need for a court trial.
17.2 SPEEDPOINT aims to resolve any disputes amicably. However, SPEEDPOINT is not obliged to participate in alternative dispute resolution proceedings and cannot guarantee participation in such processes.
17.3 Consumers can also reach SPEEDPOINT via email at info@speedpointshop.com.
17.4 Dutch law applies to all agreements and relationships between SPEEDPOINT and the consumer, under these General Terms and Conditions.
17.5 Any disputes arising between SPEEDPOINT and the consumer under the agreement or the interpretation or execution thereof may be submitted by SPEEDPOINT to the competent court in Alkmaar.
