Article 1 - Definitions
Cooling-off period: the period within which the Consumer can exercise their right of withdrawal/cancellation;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a Distance Agreement with BACKBUDDY;
Day: a calendar day;
Right of withdrawal/cancellation: the option, as specified in article 6, for the Consumer to waive the Agreement within the Cooling-off period;
BACKBUDDY: the legal entity Back Buddy B.V. that offers products remotely to Consumers via the Webshop; Agreement: the distance agreement concluded between BACKBUDDY and the Consumer via the Webshop;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
Webshop: the website backbuddy.nl

Article 2 - Identity of BACKBUDDY
Name of entrepreneur: Back Buddy B.V.
In these general terms and conditions, this entrepreneur is referred to as 'BACKBUDDY'.

Registered address:
Diemermere 1
1112 TA Diemen
Telephone number: 020-2101112
Availability: Monday to Thursday from 10:00 AM to 12:00 PM and from 1:00 PM to 2:00 PM

Customer service email address: info@backbuddy.nl
Return request email address: retour@backbuddy.nl
Chamber of Commerce number: 95438122
VAT number: NL867130647B01

Article 3 - Applicability
These general terms and conditions apply to every offer from BACKBUDDY and to every Agreement concluded between BACKBUDDY and the Consumer. Before the Agreement is concluded, the text of these general terms and conditions will be made available to the Consumer. If this is not reasonably possible, BACKBUDDY will indicate, before the Agreement is concluded, how the general terms and conditions can be inspected at BACKBUDDY and that they will be sent free of charge as soon as possible at the Consumer's request.

If the Agreement is concluded electronically, in deviation from the previous paragraph and before the Agreement is concluded, the text of these general terms and conditions can be made available to the Consumer electronically in such a way that it can be stored by the Consumer on a durable data carrier in an easily accessible manner. If this is not reasonably possible, it will be indicated before the Agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the Consumer's request.

BACKBUDDY reserves the right to unilaterally change these general terms and conditions. Any unilateral changes only apply to future orders. The most recent version of these general terms and conditions will always be available via the Webshop. The version of the general terms and conditions that applies to an order is the version that is declared applicable in the Webshop at the time the order is placed by the Consumer.

Article 4 - The offer
The products offered in the Webshop constitute an offer to the Consumer based on the information provided in the Webshop.

If an offer has a limited validity period or is made under specific conditions, this will be explicitly stated in the offer. All offers are made on the condition that the goods will only be delivered as long as stocks last.

The offer contains a complete and accurate description of the products offered to enable a proper assessment of the offer by the Consumer. If BACKBUDDY uses images, these are a true representation of the products offered. However, BACKBUDDY cannot guarantee that the color(s) of products as displayed exactly match the actual color(s) of the products.

Obvious mistakes or obvious errors in the offer do not bind BACKBUDDY.

Article 5 - The agreement
The Agreement is concluded, subject to the provisions of paragraph 4 of this article, at the moment of acceptance by the Consumer of the offer and the fulfillment of the conditions set forth therein.

If the Consumer has accepted the offer electronically, BACKBUDDY will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by BACKBUDDY, the Consumer can dissolve the Agreement.

If the Agreement is concluded electronically, BACKBUDDY will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Consumer can pay electronically, BACKBUDDY will observe appropriate security measures.

BACKBUDDY can - within legal frameworks - inquire whether the Consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible entering into the Agreement. If BACKBUDDY, based on this investigation, has good grounds not to enter into the Agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to its execution.

BACKBUDDY will, at the latest upon delivery of the product to the Consumer, provide the following information, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable data carrier:

- the conditions under which and the manner in which the Consumer can exercise the Right of withdrawal/cancellation, or a clear statement regarding the exclusion of the Right of withdrawal/cancellation;

- information about guarantees and existing after-sales service;

- the price including all taxes of the product;

- if applicable, the costs of delivery;

- the method of payment, delivery or execution of the Agreement;

- if the Consumer has a Right of withdrawal/cancellation, the Model withdrawal form.

Article 6 – Cooling-off period
The Consumer can dissolve the Agreement during a Cooling-off period of 14 days without stating reasons. BACKBUDDY may ask the Consumer about the reason for withdrawal/cancellation, but the Consumer is not obliged to state his reason(s).

The Cooling-off period referred to in paragraph 1 of this article starts 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 several products in the same order: the day on which the Consumer, or a third party designated by him, has received the last product. BACKBUDDY may, provided it has clearly informed the Consumer about this prior to the ordering process, refuse an order of several products with different delivery times.

- if the delivery of a product consists of several 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;

Article 7 - Obligations of the consumer during the Cooling-off period
During the Cooling-off period, the Consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the Consumer may only handle and inspect the product as he would be allowed to do in a store.

The Consumer is only liable for any depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1 of this article.

Article 8 - Exercise of the Right of withdrawal/cancellation by the Consumer and costs thereof
If the Consumer wishes to withdraw from the Agreement, he must notify BACKBUDDY within the Cooling-off period referred to in Article 6 via retour@backbuddy.nl, stating his order number. The Consumer will then receive the return instructions by email and must then return the unwanted products to BACKBUDDY as soon as possible, but within 14 days from the day following the notification referred to in this paragraph 1. The Consumer has in any case complied with the return period if he returns the product before the Cooling-off period has expired.

The Consumer can also notify BACKBUDDY in any other way within the Cooling-off period referred to in Article 6 of these general terms and conditions that he wishes to exercise his legal right of withdrawal, for example by means of the Model withdrawal form (see appendix) or in another unambiguous manner (e.g. by post or by email). As soon as possible, but within 14 days from the day following the notification referred to in this paragraph 2, the Consumer returns the product, or hands it over to (an authorized representative of) BACKBUDDY. The Consumer has in any case complied with the return period if he returns the product before the Cooling-off period has expired.

The Consumer returns the product with all supplied accessories, unused, undamaged, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by BACKBUDDY.

The risk and burden of proof for the correct and timely exercise of the Right of withdrawal/cancellation lies with the Consumer.

If the Consumer exercises the Right of withdrawal/cancellation, the costs of returning to BACKBUDDY are entirely at his expense.

Article 9 - Obligations of BACKBUDDY in case of withdrawal/cancellation
If BACKBUDDY makes the notification of withdrawal/cancellation by the Consumer possible electronically, it will immediately send a confirmation of receipt after receiving this notification.

BACKBUDDY will reimburse all payments made by the Consumer, including any delivery costs (with the exception of any additional costs resulting from the Consumer's choice for a delivery method other than the cheapest standard delivery offered by BACKBUDDY) charged by BACKBUDDY for the returned product, without delay but within 14 days following the day on which the Consumer notifies him of the withdrawal/cancellation. However, if the Consumer wishes to retain certain products and therefore only returns part of the order, the delivery costs will not be reimbursed. Unless BACKBUDDY offers to pick up the product itself, it may wait with reimbursement until it has received the product or until the Consumer demonstrates that he has returned the product, whichever is earlier.

BACKBUDDY will use the same payment method for reimbursement as the Consumer used, unless the Consumer agrees to another method. The reimbursement is free of charge for the Consumer.

Article 10 - The price
During the validity period stated in the offer, the prices of the offered products will not be increased, unless price changes are due to changes in VAT rates.

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

Article 11 - Conformity and warranty
If a product does not comply with the Agreement, the Consumer will receive the purchase amount (including delivery costs if it concerns the entire order) and any return costs back. The Consumer must notify this as soon as possible via customer service. If the product is still available, the Consumer can, with the help of customer service, also choose to receive a replacement product without (additional) shipping costs being charged for this.

An additional warranty provided by BACKBUDDY, its supplier, manufacturer or importer never limits the legal rights and claims that the Consumer can assert against BACKBUDDY on the basis of the Agreement if BACKBUDDY has failed to fulfill its part of the Agreement.

Additional warranty means any commitment by BACKBUDDY, its supplier, importer or producer in which it grants the Consumer certain rights or claims that go beyond what it is legally obliged to do if it has failed to fulfill its part of the Agreement.

However, BACKBUDDY is not liable for defects that have arisen after delivery of the products as a result of improper use or lack of care, or that are the result of changes made to the product by the Consumer or a third party. Nor is BACKBUDDY liable for any damage that may have arisen as a result of these defects.

Article 12 - Delivery and execution
BACKBUDDY will observe the greatest possible care when receiving and executing product orders.

The place of delivery is the address that the Consumer has made known to BACKBUDDY.

With due observance of what is stated in article 4 of these general terms and conditions, BACKBUDDY will execute accepted orders promptly, but no later than within 7 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the Consumer will be notified of this no later than 14 days after placing the order. In that case, the Consumer has the right to dissolve the Agreement for the part that cannot be executed, free of charge.

After dissolution in accordance with the previous paragraph, BACKBUDDY will immediately, but no later than within 14 days after dissolution, refund the amount paid by the Consumer.

If delivery of an ordered product proves to be impossible, BACKBUDDY will only be obliged to deduct or refund the costs of the product concerned from the total costs.

The risk of damage and/or loss of products rests with BACKBUDDY until the moment of delivery to the Consumer or a representative designated in advance and made known to BACKBUDDY, unless expressly agreed otherwise.

Article 13 - Payment
The Consumer must make payments to BACKBUDDY according to the methods provided in the order procedure on the Webshop.

BACKBUDDY reserves the right to accept only certain types of payment, or to refuse a transaction, if address or creditworthiness checks have yielded negative results.

The Consumer has the duty to immediately report inaccuracies in provided or stated payment details to BACKBUDDY.

Article 14 - Complaints procedure
BACKBUDDY has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the implementation of the Agreement must be submitted to BACKBUDDY completely and clearly described within a reasonable time after the Consumer has discovered the defects.

Complaints submitted to BACKBUDDY will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, BACKBUDDY will respond within the 14-day period with an acknowledgment of receipt and an indication of when the Consumer can expect a more detailed answer.

A complaint about a BACKBUDDY product can also be submitted via the contact form on the Webshop or by email info@backbuddy.nl.

The Consumer must in any case give BACKBUDDY 4 weeks to resolve the complaint by mutual agreement.

It is also possible for Consumers in the EU to submit complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If the Consumer's complaint is not yet being handled elsewhere, the Consumer is free to submit his complaint via the European Union platform.

Article 15 - Disputes
Agreements between BACKBUDDY and the Consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

All disputes arising from the Agreement can only be submitted to the competent court in Amsterdam, unless the Consumer chooses to have the dispute settled by the court competent according to law within a period of thirty days after BACKBUDDY has invoked this clause in writing against the Consumer.

Article 16 - Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the Consumer and must be recorded in writing or in such a way that they can be stored by the Consumer in an accessible manner on a durable data carrier.

Changes to these general terms and conditions are only effective after they have been published in an appropriate manner, with the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the Consumer will prevail.

If a part of these general terms and conditions is declared invalid or void, this does not affect the validity of the remaining parts of the general terms and conditions and these remaining parts therefore retain their full force.

If you wish to save the general terms and conditions, click here.

Back Buddy B.V. respects your privacy and protects your personal data.

This privacy policy applies to the processing of personal data we collect via our website www.backbuddy.nl and in the delivery of our products and services. By using our website, you agree to this privacy policy.

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CHANGES
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