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.

Article 2. Identity of Falcon Sportswear

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

Article 3: Applicability

3.1 These General Terms and Conditions apply to every offer from Falcon Sportswear, every order from Consumer and 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, 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 request of the Consumer.

3.4 Consumer is obliged to accept the General Terms and Conditions for concluding the Agreement, failing which no Agreement will be concluded. Placing an order via the Webshop and checking the text: “I have read the general terms and conditions of the website and agree to them” is the acceptance of the General Terms and Conditions.

Article 4. Offers

4.1 All offers from Falcon Sportswear are without obligation, unless expressly stated otherwise, and can be revoked by Falcon Sportswear. Falcon Sportswear expressly reserves the right to change prices if a change in the VAT rate gives reason to do so. If an offer changes after the conclusion of the Agreement, the Consumer is entitled to terminate the Agreement and cancel the order, within 10 calendar days after notification of the change in the offer from Falcon Sportswear.

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

4.3 The term of all offers is: while stocks last or the term stated on the Website. If the term of an offer is exceeded, the offer will expire by operation of law and the Consumer can no longer make use of the offer.

4.4 The offer contains a complete and accurate description of the Products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. If Falcon Sportswear uses images, these are a true representation of the Products offered. An obvious mistake or obvious errors in the offer do not bind Falcon Sportswear.

Article 5. Orders

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

5.2 If Falcon Sportswear has good reasons, Falcon Sportswear 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 with the amendment of the Agreement, the Consumer is entitled to terminate the Agreement and cancel the order, during 10 calendar days after notification of the amendment of the offer by Falcon Sportswear.

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 notify 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 home address.

5.5 Falcon Sportswear may – within legal frameworks – inquire whether the Consumer can meet his/her payment obligations, as well as all facts and factors that are important for responsibly entering into the Agreement. If Falcon Sportswear has good reasons not to enter into the Agreement based on this investigation, Falcon Sportswear is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

Article 6. Formation of Agreement

6.1 Subject to the provisions of Article 5, the Agreement shall be concluded at the time that the Consumer places an order with Falcon Sportswear based on the offer from 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 that the Agreement is concluded electronically, Falcon Sportswear will take appropriate technical and organizational measures to secure the electronic transfer of data and Falcon Sportswear will ensure a secure web environment. If the Consumer can pay electronically, Falcon Sportswear will take appropriate security measures to that end.

Article 7. Prices, payments and shipping costs

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 to the shipping costs will be stated separately to the Consumer prior to the time of ordering. This contribution may depend on the order size, the place of delivery and the chosen shipping method.

7.3 After placing an order, the Consumer will immediately receive a confirmation by e-mail 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 check whether the credit card is valid, whether there is sufficient credit available to debit the purchase amount and/or whether the Consumer's address details are correct. Falcon Sportswear reserves the right to refuse the purchase by credit card.

7.6 The Consumer has the obligation to report any inaccuracies in the payment details provided or stated to Falcon Sportswear without delay.

7.7 If the Consumer fails to meet his payment obligation(s) on time, he will owe statutory interest on the amount still owed after Falcon Sportswear has notified him of the late payment and Falcon Sportswear has granted the Consumer a period of 100 days to still meet his payment obligations, and if payment is not made within this 100-day period, Falcon Sportswear will be entitled 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 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 benefit of the Consumer.

Article 8. Delivery and risk

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

8.2 Falcon Sportswear will ship accepted and paid orders as soon 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 at home at the time of delivery, Falcon Sportswear is entitled to deliver the Products to the Consumer's neighbours. Falcon Sportswear strives to execute accepted orders with due speed, but no later than thirty calendar days after the order has been accepted, unless a different delivery period has been agreed.

8.4 In the event that 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 costs. 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 obliged to accept the purchased Products at the time that these are made available to the Consumer by Falcon Sportswear.

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 Consumer is obliged to accept the Products at the agreed location(s) at the time that Falcon Sportswear delivers them to him or has them delivered, or at the time that they are made available to him in accordance with the Agreement. If Consumer fails to do so, the costs incurred as a result will be for his account, 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 expense and risk of the Consumer.

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 the delivery times does not entitle the Consumer to compensation, termination of the Agreement or non-fulfilment of any obligation that may arise for the Consumer from this or any other related Agreement, all without prejudice to the provisions of Article 8.4.

8.10 Falcon Sportswear does its best to keep the Website as up-to-date as possible. If a Product is unexpectedly no longer available, Falcon Sportswear will contact the Consumer within 30 days after placing the order.

Article 9. Right of withdrawal

9.1 The Consumer has the right to terminate the Agreement without giving reasons for a period of one hundred (100) calendar days from the day of receipt of the Product or the last Product of all Products if multiple Products have been 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 shall handle the Product(s) and the packaging with care. The Consumer shall only unpack or use the Product to the extent necessary to assess whether he wishes to keep the Product. The starting point here is that the Consumer may only handle and inspect the Product(s) as he would be allowed to do in a shop. The Consumer is only liable for any decrease in value of the product that is the result of handling the product in a way that goes beyond what is permitted.

9.3 If the Consumer wishes to exercise the Right of Withdrawal, the Consumer must report his name, the name of the Product, the number of Products and the order number and his appeal to the Right of Withdrawal by means of the model form on the Website or in another unambiguous manner, for example by e-mail, by letter or by telephone (as referred to in article 2). Falcon Sportswear will send a confirmation of receipt of the return notification to the Consumer 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 in any case have fulfilled this obligation if the Product(s) has been returned to Falcon Sportswear within this period. If the Consumer exercises his Right of Withdrawal, he shall return the Product with all accessories supplied and in its original condition and packaging to the address of Falcon Sportswear. The risk and burden of proof for exercising the Right of Withdrawal in a timely and correct manner shall lie with the Consumer.

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

9.6 The returned Products must be in a condition that corresponds to normal use for the purpose of trying on as is customary in the store for trying on and must be provided with the original labels and/or tags. If a Product has deteriorated in quality and/or the original labels and/or tags 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 amount and shipping costs charged within fourteen (14) calendar days after the Consumer has reported the Products for return to Falcon Sportswear, provided that the Product in question is undamaged, not worn, not washed, not used or processed and is provided with the original packaging and labels. Falcon Sportswear will only refund the purchase amount when the Products have been received by Falcon Sportswear, or when the Consumer proves that he has returned them.

9.8 If the Consumer has chosen a more expensive method of delivery than the standard delivery, Falcon Sportswear does not have to refund the additional costs for the more expensive method. Falcon Sportswear will use the same payment method for refunds as the Consumer has used.

Article 10. Complaints

10.1 Falcon Sportswear has a complaints procedure, as stated on the Website. Falcon Sportswear handles complaints from the Consumer 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 as soon as possible and in any case within two months after delivery of the Product to the Consumer, or at least after the discovery could reasonably have been made, in writing and with reasons.

10.4 Minor deviations in quality, colour, size, weight, finish, design, etc. that are considered commercially acceptable or technically unavoidable do not constitute a basis for complaints and claims.

10.5 If it is demonstrated that the Products do not comply with the Agreement, the Consumer has the choice to either have the Products in question repaired by Falcon Sportswear upon return, or to have them replaced by new Products, unless this is impossible or cannot be required 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.

Article 11. Retention of title

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

Article 12. Intellectual Property Rights

12.1 The Intellectual Property Rights with respect to texts, images, design, data files, photos and other (still or moving) images, formats, software, brands, domain names and other materials, which arise from the Website are vested in Dutch Brand House International BV.

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

Article 13. Miscellaneous

13.1 Any deviations from these General Terms and Conditions may only be agreed in writing between Falcon Sportswear and the Consumer. No rights may be derived from such deviations with regard to future legal relationships and Agreements. The administration of Falcon Sportswear shall, subject to proof to the contrary, serve as proof of the requests and/or orders made by the Consumer. The Consumer acknowledges that electronic communication may serve as proof.

13.2 Falcon Sportswear is entitled to transfer the rights and obligations under the Agreement with Consumer to a third party by means of a single notification to Consumer.

13.3 If one or more provisions of these General 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.

Article 14. Applicable law and competent court

14.1 These General Terms and Conditions and any Agreements/disputes arising therefrom 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.

Appendix 1: Model withdrawal form

Model withdrawal form
(complete and return this form only if you wish to cancel the agreement)
To: Falcon Sportswear
For the correct return address, please view 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 regarding
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 for services or receiving for products]
[Consumer(s) Name]
[Consumer(s) address]
[Signature of consumer(s)] (only when this form is submitted on paper)

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