Terms & Conditions

Article 1. Definitions

1.1 In these General Terms and Conditions the following terms shall have the following meanings:

General Terms and Conditions: these general terms and conditions of sale and delivery of Falcon Sportswear;

Reflection period: the period of fourteen calendar days from receipt of the Product(s) by the Consumer, within which the Consumer can make use of his/her right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into an Agreement with Falcon Sportswear;

Right of withdrawal: the possibility for the Consumer to cancel the Distance Contract within the Reflection Period;

Products: all products supplied by Falcon Sportswear to Consumer under the Agreement;

Falcon Sportswear: the brand and trade name under which Dutch Brand House International BV offers the Products remotely to the Consumer via the Website, the identity of which is stated in Article 2 of these General Terms and Conditions;

Agreement: an Agreement whereby, within the framework of a system for the distance selling of Products organised by Falcon Sportswear, up to and including the conclusion of the Agreement, exclusive use is made of one or more techniques for distance communication;

Website: the website falconsportswear.com, where Consumer can order Falcon Sportswear Products electronically.

2.1 Dutch Brand House International II BV: also trading under the name Falcon Sportswear, established in Baarn, the Netherlands,
being the user of these General Terms and Conditions

Address: Tolweg 6, in (3741 LK) Baarn
Phone number: 0355430767
Email address: info@falconsportswear.com
Chamber of Commerce number: 95738703

3.1 These General Terms and Conditions apply to every offer from Falcon Sportswear, every order from Consumer and to every Agreement concluded between Falcon Sportswear and Consumer.

3.2 Before the Agreement is concluded, the text of these General Terms and Conditions will be made available to the Consumer.

3.3 If the Agreement is concluded electronically, 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, before the Agreement is concluded, the Consumer will be informed where 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.

3.4 The Consumer is obligated to accept the General Terms and Conditions before concluding the Agreement; failing this, no Agreement will be concluded. Placing an order through the Webshop and checking the box "I have read and agree to the website's terms and conditions" constitutes acceptance of the General Terms and Conditions.

4.1 All offers from Falcon Sportswear are non-binding, unless expressly stated otherwise, and may be revoked by Falcon Sportswear. Falcon Sportswear expressly reserves the right to change prices if a change in the VAT rate gives cause to do so. If an offer changes after the Agreement has been concluded, the Consumer is entitled to terminate the Agreement and cancel the order within 10 calendar days of notification of the change to the offer from Falcon Sportswear.

4.2 Offers do not automatically apply to reorders and Falcon Sportswear reserves the right to change the prices of the offers.

4.3 The validity period for all offers is: while supplies last, or the validity period stated on the Website. If the validity period of an offer is exceeded, the offer automatically expires and the Consumer can no longer take advantage of the offer.

4.4 The offer contains a complete and accurate description of the Products offered. The description is sufficiently detailed to enable the Consumer to properly assess the offer. If Falcon Sportswear uses images, these are a true representation of the Products offered. Obvious errors or mistakes in the offer are not binding on Falcon Sportswear.

5.1 Consumers can order in the ways described on the Website.

5.2 If Falcon Sportswear has valid reasons, it is entitled to refuse an order or to attach special conditions to the Agreement. In that case, the Agreement will be terminated or amended. If the Consumer does not agree to the amendment to the Agreement, the Consumer is entitled to terminate the Agreement and cancel the order within 10 calendar days of receiving notification of the amendment to Falcon Sportswear's offer.

5.3 If Falcon Sportswear does not accept an order or if Falcon Sportswear wishes to attach special conditions to the Agreement, Falcon Sportswear will inform the Consumer of this within seven days of receipt of the order.

5.4 Falcon Sportswear will in any case not accept orders if Falcon Sportswear cannot determine the Consumer's residential address.

5.5 Falcon Sportswear may, within legal frameworks, investigate whether the Consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the Agreement. If, based on this investigation, Falcon Sportswear has good reason not to enter into the Agreement, Falcon Sportswear is entitled to reject an order or request with reasons or to impose special conditions on its execution.

6.1 Subject to the provisions of Article 5, the Agreement shall be concluded at the time the Consumer places an order with Falcon Sportswear based on the offer made by Falcon Sportswear, whereby the offer is accepted by the Consumer and the Consumer complies with the conditions set therein.

6.2 Before the Consumer is given the opportunity to pay for the Products, the Consumer will be shown an overview of the Products selected by him.

6.3 Falcon Sportswear will confirm receipt of the order electronically (by e-mail).

6.4 If and to the extent the Agreement is concluded electronically, Falcon Sportswear 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, Falcon Sportswear will implement appropriate security measures.

7.1 The prices stated on the Website are in Euros, including VAT and excluding shipping costs, unless otherwise stated or agreed in writing.

7.2 A contribution towards shipping costs will be communicated separately to the Consumer prior to ordering. This contribution may depend on the order size, delivery location, and chosen shipping method.

7.3 After placing an order, the Consumer will immediately receive a confirmation by email stating the total costs, including shipping costs.

7.4 Consumers can pay for the ordered Products prior to delivery by means of iDEAL, Paypal or credit card.

7.5 When paying by credit card, Falcon Sportswear reserves the right to verify that the credit card is valid, that there is sufficient credit available to debit the purchase amount, and/or that the Consumer's address information is correct. Falcon Sportswear reserves the right to refuse the credit card purchase.

7.6 The Consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to Falcon Sportswear.

7.7 If the Consumer fails to meet their payment obligation(s) on time, and after Falcon Sportswear has notified the Consumer of the late payment and has granted the Consumer 100 days to meet their payment obligations, if payment is not made within this 100-day period, the Consumer will owe statutory interest on the outstanding amount, and Falcon Sportswear will be entitled to charge the Consumer for any extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. Falcon Sportswear may deviate from the stated amounts and percentages to the Consumer's advantage.

8.1 Falcon Sportswear takes the utmost care when receiving orders and sending the ordered Products.

8.2 Falcon Sportswear will ship accepted and paid orders as quickly as possible in order of receipt.

8.3 The order will be delivered to the address specified by the Consumer. If the Consumer is not home at the time of delivery, Falcon Sportswear is entitled to deliver the Products to the Consumer's neighbors. Falcon Sportswear strives to fulfill accepted orders as quickly as possible, but no later than thirty calendar days after the order has been accepted, unless a different delivery period has been agreed upon.

8.4 If delivery is delayed, or if an accepted and paid order cannot be delivered or can only be delivered in part, the Consumer will be notified of this no later than thirty calendar days after placing the order. In that case, the Consumer has the right to terminate the Agreement without charge. In the event of termination, Falcon Sportswear will refund the amount received as soon as possible, but no later than two weeks after written termination. The Consumer is obligated to accept the purchased Products when Falcon Sportswear makes them available to the Consumer.

8.5 The risk of damage and/or loss of the Products rests with Falcon Sportswear until the moment of delivery to the Consumer at the specified address, unless expressly agreed otherwise.

8.6 The Consumer is obligated to accept the Products at the agreed location(s) when Falcon Sportswear delivers them or has them delivered, or when they are made available to them in accordance with the Agreement. If the Consumer fails to do so, the resulting costs will be borne by them, including the shipping costs referred to in Articles 7.1 and 7.2.

8.7 If the Consumer refuses or fails to provide information or instructions necessary for delivery, the Products intended for delivery will be stored at the Consumer's expense and risk.

8.8 If the Consumer has provided an incorrect address for delivery, Falcon Sportswear has the right to charge the Consumer additional shipping costs.

8.9 Exceeding delivery times does not entitle the Consumer to compensation, termination of the Agreement or non-compliance with any obligation that may arise for the Consumer from this or any other related Agreement, except as provided in Article 8.4.

8.10 Falcon Sportswear strives to keep the Website as up-to-date as possible. If a Product is unexpectedly unavailable, Falcon Sportswear will contact the Consumer within 30 days of placing the order.

9.1 The Consumer has the right to cancel the Agreement without giving reasons within one hundred (100) calendar days from the date of receipt of the Product or the last Product of all Products if multiple Products were ordered in the same order. The Right of Withdrawal expressly does not apply if the Product has been produced in accordance with the Consumer's specifications and/or if the Product is engraved or personalized.

9.2 During the Reflection Period, the Consumer will handle the Product(s) and packaging with care. The Consumer will only unpack or use the Product(s) to the extent necessary to assess whether they wish to keep it. The basic principle here is that the Consumer may only handle and inspect the Product(s) as they would be allowed to do in a store. The Consumer is solely liable for any diminished value of the product resulting from handling the product in a manner that goes beyond what is permitted.

9.3 If the Consumer wishes to exercise the Right of Withdrawal, the Consumer must provide their name, the name of the Product, the quantity of Products, and the order number, along with their request for the Right of Withdrawal, using the model form on the Website or in another unambiguous manner, such as by email, letter, or telephone (as stated in Article 2). Falcon Sportswear will send the Consumer an acknowledgement of receipt of the return notification as soon as possible.

9.4 As soon as possible, but no later than 100 days from the day following the notification referred to in Article 9.3, the Consumer shall return the Product to Falcon Sportswear. The Consumer shall have fulfilled this obligation if the Product(s) have been returned to Falcon Sportswear within this period. If the Consumer exercises their Right of Withdrawal, they shall return the Product(s) with all accessories supplied and in their original condition and packaging to Falcon Sportswear's address. The risk and burden of proof for exercising the Right of Withdrawal in a timely and correct manner rests with the Consumer.

9.5 The Consumer shall bear the costs of returning the Product(s).

9.6 Returned Products must be in a condition consistent with normal use for trying on, as is customary in-store, and must include the original tags and/or labels. If a Product has deteriorated in quality and/or the original tags and/or labels have been removed, Falcon Sportswear reserves the right to charge the purchase price of the Product or not to refund it.

9.7 Falcon Sportswear will refund the purchase price and any shipping costs charged within fourteen (14) calendar days after the Consumer has registered the return of the Products with Falcon Sportswear, provided that the Product in question is undamaged, unworn, unwashed, unused, unprocessed, and includes the original packaging and labels. Falcon Sportswear will only refund the purchase price once the Products have been received by Falcon Sportswear, or once the Consumer proves that they have returned them.

9.8 If the Consumer has chosen a more expensive delivery method than standard delivery, Falcon Sportswear is not obligated to reimburse the additional costs for the more expensive method. Falcon Sportswear will use the same payment method the Consumer used for the refund.

10.1 Falcon Sportswear has a complaints procedure, as stated on the Website. Falcon Sportswear handles Consumer complaints in accordance with this complaints procedure.

10.2 Falcon Sportswear has the obligation to deliver Products that comply with the Agreement.

10.3 If the Product(s) do not comply with the Agreement, the Consumer must notify Falcon Sportswear of this in writing and with reasons as soon as possible and in any event within two months after delivery of the Product to the Consumer, or after the discovery could reasonably have been made.

10.4 Minor deviations in quality, colour, size, weight, finish, design, etc. that are commercially permissible or technically unavoidable do not constitute grounds for complaints or claims.

10.5 If it is demonstrated that the Products do not conform to the Agreement, the Consumer may choose to have the Products in question repaired by Falcon Sportswear upon return, or to have them replaced with new Products, unless this is impossible or cannot be reasonably expected of Falcon Sportswear. In that case, Falcon Sportswear will refund the invoice value of the Products to the Consumer after returning the Products already received.

11.1 Falcon Sportswear remains the full owner of the delivered Product(s) until the purchase price has been paid in full.

12.1 The Intellectual Property Rights relating to texts, images, design, data files, photos and other (still or moving) images, formats, software, brands, domain names and other materials arising from the Website are held by Dutch Brand House International BV

12.2 The Consumer is not authorized to publish (parts of) the Website in any way and/or reproduce it in any way whatsoever. The Consumer may not make any changes to the delivered Products unless the nature of the delivered Products dictates otherwise or unless otherwise agreed in writing. The Consumer may only create a hyperlink to the Website if this is done for purely informational purposes for Consumers. Creating a hyperlink for any other purpose, such as a commercial purpose, is strictly prohibited.

13.1 Any deviations from these General Terms and Conditions may only be agreed upon in writing between Falcon Sportswear and the Consumer. No rights can be derived from such deviations with regard to future legal relationships and Agreements. Falcon Sportswear's records, unless proven otherwise, shall serve as proof of the requests and/or orders placed by the Consumer. The Consumer acknowledges that electronic communication may serve as evidence.

13.2 Falcon Sportswear is entitled to transfer the rights and obligations arising from the Agreement with the Consumer to a third party by giving notice to the Consumer.

13.3 If one or more provisions of these Terms and Conditions or any other Agreement with Falcon Sportswear are in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new, legally permissible provision to be determined by Falcon Sportswear.

14.1 These General Terms and Conditions and any Agreements/disputes arising from them are exclusively governed by Dutch law.

14.2 All disputes relating to an Agreement or the performance of an Agreement between Consumer and Falcon Sportswear, which cannot be resolved by mutual agreement between the parties, will be submitted to the competent court in the jurisdiction in which the Consumer resides.

Model withdrawal form
(only complete and return this form if you wish to cancel the agreement)
To: Falcon Sportswear
For the correct return address, please check the return information included in your account on our website.

Email: via this form

I/We* hereby inform you that I/we* terminate our agreement concerning
the sale of the following products: [product designation]*

the supply of the following digital content: [designation of digital content]*

the performance of the following service: [service designation]*,

revokes/revoked*.
Ordered on*/received on* [date of ordering services or receiving products]
[Consumer name(s)]
[Consumer's address]
[Consumer(s) Signature] (only when this form is submitted on paper)

* Cross out what does not apply or fill in what applies.