Terms of service

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a manner that allows for future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form made available by the entrepreneur that a consumer can complete when he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Agreement: see 10;
Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusively one or more techniques for distance communication are used up to and including the conclusion of the agreement;
Technique for distance communication: means that can be used to conclude an agreement without the consumer and the entrepreneur being simultaneously present in the same space.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Trade names:
IMPACTBOW
DUTCHPREPPER.COM
DIVALO Trading
TomorrowNow
Address:
De Taling 59
7609 VA Almelo
The Netherlands

Email address: customerservice@impactbow.com
Chamber of Commerce number: 85304808
VAT number: NL004076840B24

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
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 general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced by mutual agreement by a provision that approximates the scope of the original as much as possible.
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This concerns in particular:
A. the price including taxes;
B. any shipping costs;
C. the manner in which the agreement will be concluded and the actions required for this;
D. whether or not the right of withdrawal applies;
E. the method of payment, delivery and performance of the agreement;
F. the time limit for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
G. the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the communication medium used;
H. whether the agreement is archived after conclusion, and if so, in which way it is accessible to the consumer;
I. the manner in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it;
J. any other languages in which, in addition to Dutch, the agreement can be concluded; K. the codes of conduct to which the entrepreneur has subjected himself and the manner in which the consumer can consult these codes of conduct electronically;
L. the minimum duration of the distance contract in the case of a continuous transaction;
M. the Weapons and Ammunition Act is known to the consumer and, where applicable, the consumer is aware of the minimum age at which the relevant articles may be purchased, possessed, and kept in their possession.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur 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, the entrepreneur will take appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
A. the visiting address of the entrepreneur's branch where the consumer can go with 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. the information about warranties and existing after-sales service;
D. the information included in Article 4 - The offer, paragraph 5 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
E. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 6 - Right of withdrawal

When delivering products:

When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original, undamaged condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. The product and packaging must be presented to the entrepreneur in such a condition that the product can be offered for sale.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known by e-mail to the e-mail address returns@divalo.com, stating:
A. order number;
B. reason for the return request;
C. clearly described any defects and/or damage supported with photos and/or videos.
D. bank account number into which the paid purchase amount can possibly be refunded.
After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 5 days. The consumer must prove that the delivered goods have been returned on time by providing information about the name of the carrier and a track and trace code of the shipping carrier.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the final purchase is a fact.

When providing services:

When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, he shall bear at most the costs of return shipment.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than within 30 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop owner or conclusive proof of complete return shipment can be provided. The refund will be made via the bank account number as indicated by the consumer as the payment method (Article 6 - Right of withdrawal, section 3.4.).
In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for the entire reduction in value of the product if the entrepreneur has assessed that the product is no longer in a saleable condition.
The consumer cannot be held liable for a reduction in value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal also applies if the entrepreneur has not explicitly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
A. that have been manufactured by the entrepreneur in accordance with the consumer's specifications;
B. that are clearly personal in nature;
C. that cannot be returned due to their nature;
D. that become obsolete or have an expiration date;
E. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
F. for individual newspapers and magazines;
G. for audio and video recordings and computer software where the consumer has broken the seal;
H. for hygienic products where the consumer has broken the seal. I. that have sustained damage due to incorrect use, for example damage caused by moisture or use other than that described in the manual;
J. that have sustained damage due to operational use, for example damage from dropping, damage caused by compression;
K. in the event of battery degradation, for example due to over- or undercharging of the battery, heat, keeping the battery out of use for a period longer than one week at full capacity or completely discharged capacity;
L. with damage to closures, such as screw threads;
M. that are subject to corrosion or other natural processes that can alter the condition of materials;
N. that can be classified as consumables or are used as such, such as cleaning agents, filters, water, tobacco products, ink, batteries, or similar consumables;
O. that leave visible signs of use after use;
P. damage to the packaging(s) or traces of transport on the packaging;
Q. products whose primary purpose is to come into contact with consumables, food, or other biological products.
Exclusion of the right of withdrawal is only possible for services:
A. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
B. the provision of which has commenced with the express consent of the consumer before the cooling-off period has expired;
C. relating to betting and lotteries.

Article 9 - Exoneration Clause

The entrepreneur is in no case liable for any damage caused by delivered products or services, regardless of the trade name under which the entrepreneur has concluded the agreement.

The use of purchased products is entirely at one's own risk. The entrepreneur and affiliated companies and/or natural persons are not liable for any damage suffered, such as physical, psychological, or material damage to the buyer or third parties, however named or in whatever capacity, as a result of the use of the purchased products.
This exclusion of liability also applies to serious types of damage, such as all possible types of damage resulting from or caused by injury or death.

Article 10 - The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if the prices are tied to or subject to fluctuations on the financial market, depend on raw material prices, inflation, disasters, or other circumstances over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices mentioned are indicative prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
A. these are the result of statutory regulations or provisions; or
B. the consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 11 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 7 days after discovery of the defect.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
A. the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
B. the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or in violation of the entrepreneur's instructions and/or those on the packaging;
C. the defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 12 - Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has communicated to the company.
Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation or reason for return.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the consumer.
All costs associated with the import of the order into the country of destination, including but not limited to import duties, customs duties, taxes (such as VAT), customs clearance costs and other levies or administrative costs, are entirely at the expense and risk of the consumer.
If the consumer refuses to pay the import or customs costs due and the shipment is returned or destroyed, all resulting costs, including shipping, return, storage and administration costs, will remain at the expense of the consumer.
If the consumer refuses delivery or fails to pay the import duties, customs costs or other levies due, as a result of which the shipment is returned, stored or destroyed, all resulting costs, including return, storage, administration and possible destruction costs, will be borne by the consumer.
In the event of a return as referred to in the previous paragraph, the consumer is not entitled to a refund of the original shipping costs or the total purchase price paid. The seller is also entitled to deduct the return costs incurred, import costs and other costs directly resulting from the refusal from any refund.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 13 - Long-term transactions: duration, termination and renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of at most one month.
The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of at most one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
A. at any time and not be limited to termination at a specific time or in a specific period;
B. at least in the same manner as they were entered into by him;
C. always with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement entered into for a fixed term and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
Notwithstanding the previous paragraph, an agreement entered into for a fixed term and which provides for the regular delivery of daily newspapers, news magazines, weekly newspapers and periodicals may be tacitly extended for a fixed duration of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension period with a notice period of at most one month.
An agreement entered into for a fixed term and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate it at any time with a notice period of at most one month, and a notice period of at most three months in the event that the agreement provides for the regular, but less than once a month, delivery of daily newspapers, news magazines, weekly newspapers and periodicals.
An agreement of limited duration for the regular delivery of daily newspapers, news magazines, weekly newspapers, and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly renewed and shall terminate automatically upon the expiration of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 14 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 5 days from the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously disclosed to the consumer.

Article 15 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints can be reported to the email address customerservice@impactbow.com.
Complaints regarding the performance of the agreement must be submitted to the entrepreneur within 7 days of the consumer discovering the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 30 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of complaints, a consumer must first turn to the entrepreneur.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.

Article 16 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 17 - Supplementary or deviating provisions

Supplementary 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 manner that they can be stored by the consumer in an accessible way on a durable data carrier.