Terms and Conditions

Terms and Conditions of Unbound XR, located at:

Kerkenbos 1063F
6546 BB Nijmegen
The Netherlands

Table of Contents

Article 1 - Definitions

In these terms and conditions the following terms are defined as:

  • Reflection period: the period within which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person who is not acting in the exercise of profession or business and enters into a distance contract with the entrepreneur;
  • Business customer: the natural or legal person who places products and/or services on behalf of a company or organisation;
  • Day: calendar day;
  • Duration transaction: a distance contract concerning a series of products and/or services, the obligation to deliver and/or purchase of which is spread over time;
  • Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows 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 reflection period;
  • Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to exercise his right of withdrawal.
  • Entrepreneur: the natural or legal person who offers products and/or services to customers at a distance;
  • Distance contract: a contract in which, within the framework of a system for distance selling of products and/or services organised by the entrepreneur, only one or more techniques for distance communication are used up to and including the conclusion of the contract;
  • Technique for communication at a distance: means that can be used for concluding a contract, without the customer and entrepreneur being in the same room at the same time.
  • General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Unbound VR;
Trading under the name of Unbound XR
Kerkenbos 1063 M
6546 BB Nijmegen
The Netherlands

Email address: service@unboundxr.eu

Telephone number: +31 85 1302 742

Chamber of Commerce number: 74112406

VAT identification number: NL859776761B01

Article 3 - Applicability

  • These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders concluded between entrepreneur and consumer.
  • 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent as soon as possible free of charge at the consumer's request.
  • If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may 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 inspected electronically and that they will be sent free of charge at the consumer's request either electronically or in another way.
  • In case these general terms and conditions and specific product or service conditions also apply, the second and third paragraph are correspondingly applicable and the consumer can always rely on the applicable provision that is most favourable to him in case of contradictory general terms and conditions.
  • If one or more provisions in these general terms and conditions at any time are wholly or partially null and void or are annulled, the agreement and these conditions remain in force for the rest and the provision in question will be replaced by a provision that approaches the intent of the original as much as possible without delay in mutual consultation.
  • Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
  • Ambiguities about the interpretation or content of one or more provisions of our conditions, should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

  • If an offer has a limited duration or is subject to conditions, this is explicitly stated in the offer.
  • The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  • The offer contains a full and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  • All images, specifications data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
  • Images with products are a true representation of the offered products. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
  • Each offer contains such information, that it is clear for the consumer what the rights and obligations are, which are connected to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any costs of shipment;
    • the way in which the agreement will be concluded and which actions are necessary for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and execution of the agreement;
    • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
    • the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the regular basic rate for the used means of communication;
    • whether the agreement is archived after conclusion, and if so how this can be consulted by the consumer;
    • the way 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 them;
    • any other languages in which, besides Dutch, the agreement can be concluded;
    • the codes of conduct to which the entrepreneur has subjected and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the event of an extended transaction.

Article 5 - The agreement

  • The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of 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 entrepreneur has not confirmed the acceptance of this agreement, the consumer can terminate the agreement.
  • If the agreement is made electronically, the entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and provides a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  • Within legal frameworks, the entrepreneur can 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 the entrepreneur has good reasons not to enter into the agreement based on this research, he is entitled to refuse an order or request or to attach special conditions to the execution.
  • The entrepreneur will include the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier, with the product or service to the consumer:
    • the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
    • the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion from the right of withdrawal;
    • information about guarantees and existing service after purchase;
    • the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
    • the requirements for cancelling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  • In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
  • Every agreement is entered into under the suspensive condition of sufficient availability of the respective products.

Article 6 - Right of withdrawal

Upon delivery of products:

  • When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
  • 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 assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  • If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must do this by means of the model form. After the consumer has expressed a wish to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of dispatch.
  • If the customer has not announced after the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:

  • When services are delivered, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
  • To make use of his right of withdrawal, the consumer will focus on 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 makes use of his right of withdrawal, at most the costs of returning the goods are for his account.
  • If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This is on the condition that the product has already been received back by the webshop keeper or conclusive proof of complete return can be submitted. Refund will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
  • In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
  • The consumer cannot be held responsible for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the purchase agreement is concluded.

Article 8 - Exclusion of right of withdrawal

  • The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly mentioned this in the offer, at least in time for the conclusion of the agreement.
  • Exclusion of the right of withdrawal is only possible for products:
    • that have been established by the entrepreneur in accordance with the consumer's specifications;
    • that are clearly personal in nature;
    • that cannot be returned by their nature;
    • that can spoil or age quickly;
    • whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
    • for individual newspapers and magazines;
    • for audio and video recordings and computer software of which the consumer has broken the seal;
    • for hygienic products of which the consumer has broken the seal.
  • Exclusion of the right of withdrawal is only possible for services:
    • regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
    • whose delivery has started with the explicit consent of the consumer before the cooling-off period has expired;
    • regarding betting and lotteries.

Article 9 - The price

  • During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  • Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any mentioned prices are target prices, will be mentioned in the offer.
  • Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
  • Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
    • they are the result of statutory regulations or provisions; or
    • the consumer has the power to cancel the agreement from the day the price increase takes effect.
  • The prices mentioned in the offer of products or services are inclusive of VAT.
  • All prices are subject to typing and typesetting errors. No liability is accepted for the consequences of typing and typesetting errors. In the case of typing and typesetting errors, the entrepreneur is not obliged to deliver the product at the erroneous price. 

Article 10 - Conformity and warranty

  • The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  • A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can exercise against the trader based on the contract.
  • Any deliveries with defects or incorrectly delivered products must be reported in writing to the trader within 7 days of delivery. Return of the products should be in the original packaging and in as-new condition.
  • The trader's warranty period corresponds to the factory warranty period. However, the trader is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  • For consumers, a legal warranty period of 1 year applies after the purchase of the product (within the EU). For business customers and/or orders, a legal warranty period of 1 year applies.
  • The warranty does not apply if:
    • the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
    • the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the trader and/or have been treated in accordance with the packaging;
    • the inadequacy is wholly or partially the result of regulations that the government has or will impose regarding the nature or quality of the materials used.
    • when a product is resold by a consumer (for example via a second-hand platform such as marketplace).

Article 11 - Delivery and execution

  • The trader shall exercise the utmost care when receiving and executing product orders and when assessing applications for the provision of services.
  • The place of delivery is the address that the consumer has made known to the company.
  • With due observance of what is stated in article 4 of this article, the company will execute accepted orders with competent speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation.
  • All delivery times are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not entitle the consumer to compensation.
  • In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount that the customer has paid as soon as possible, but at the latest within 14 days after termination.
  • If delivery of an ordered product proves impossible, the trader will strive to make a replacement article available. At the time of delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the trader.
  • The risk of damage and/or loss of products rests with the trader until the moment of delivery to the customer or a representative pre-designated and made known to the trader, unless expressly agreed otherwise. As stated in article 10, however, the customer must report within 7 days of receipt that the article has arrived defective.
  • In the event of a package being lost, it must be made known within 7 days that the package has not been received by the customer. These days start from the moment the package is sent from the seller (and the track and trace code is therefore active).

Article 12 - Duration transactions: duration, cancellation, and extension

Cancellation

  • The consumer can cancel an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the cancellation rules agreed upon and a notice period of no more than one month.
  • The consumer can cancel an agreement that has been entered into for a certain period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the specified duration, subject to the cancellation rules agreed upon and a notice period of no more than one month.
  • The consumer can cancel the agreements mentioned in the previous paragraphs:
    • at any time and not be limited to cancellation at a certain time or in a certain period;
    • at least in the same way as they were entered into by him;
    • always cancel with the same notice period as the trader has stipulated for himself.

Extension

  • An agreement that has been entered into for a certain period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a certain duration.
  • Notwithstanding the previous paragraph, an agreement that has been entered into for a certain period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a certain duration of a maximum of three months if the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.
  • An agreement that has been entered into for a certain period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  • An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

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

Article 13 - Payment

  • Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
  • The consumer has the duty to report inaccuracies in provided or stated payment details immediately to the trader.
  • In case of non-payment on the part of the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 - Complaints procedure

  • The trader has a sufficiently announced complaints procedure and handles the complaint in accordance with this complaints procedure.
  • Complaints about the execution of the agreement must be submitted fully and clearly described to the trader within 7 days, after the consumer has discovered the defects.
  • Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a message of receipt and an indication 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 settlement.
  • In case of complaints, a consumer must first turn to the trader. If the complaints cannot be resolved by mutual agreement, the consumer should turn to
  • If there's a dispute that can't be resolved directly with us, you have the right to appeal to Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate for free. If the dispute isn't settled after this, the consumer has the opportunity to have their complaint handled by Stichting WebwinkelKeur's independent disputes committee. The outcome of this is binding, and both the entrepreneur and consumer agree to abide by this binding decision. A fee is charged to present a dispute to this disputes committee, which the consumer must pay. You can also register complaints through the European ODR platform (http://ec.europa.eu/odr).
  • A complaint doesn't suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing
    If a complaint is found to be valid by the entrepreneur, the entrepreneur will either replace or repair the delivered products for free, at their discretion

Article 15 - Prohibition of Automated Data Collection (Scraping)

  • It's strictly forbidden for users of the Unbound XR website to use automated means to collect, copy or extract data from the website, including but not limited to the use of scrapers, bots, spiders, crawlers, and similar technologies without prior written permission from Unbound XR
  • Server Tax and Performance Damage: The use of such technologies can lead to excessive load on our servers, affecting the performance of the website and the experience of other users. This can directly lead to a loss of revenue for Unbound XR due to reduced accessibility and functionality of our services
  • Penalty and compensation for violation: In case of a violation of this prohibition, Unbound XR is entitled to impose a fine of at least €5,000 per violation, without prejudice to our right to claim additional compensation if the actual damage proves to be higher. This fine is intended to cover the damage resulting from server load, loss of revenue, and legal action costs
  • Enforcement and measures: Unbound XR reserves the right to immediately block access to the website in case of violation of this article and to take legal measures, including claiming damages and the costs of legal proceedings. Users who violate this article may also be prosecuted criminally, depending on the severity of the violation and applicable law
  • Termination of access: In case of a violation, Unbound XR can immediately terminate the user's access to the website without prior notice

Article 16 - Disputes

  • Agreements between the entrepreneur and the consumer to which these general conditions apply, are exclusively governed by Dutch law. This is the case even if the consumer lives abroad
  • The Vienna Sales Convention does not apply

Article 17 - Additional or divergent provisions

Additional or divergent provisions from these general conditions may not be to the detriment of the consumer and must be put in writing or in such a way that they can be stored by the consumer in an accessible way on a durable medium.