Terms and Conditions

Terms and Conditions of Unbound XR, located at:

Kerkenbos 1063-F
6546 BB Nijmegen
Netherlands

Table of Contents

Article 1 - Definitions

In these conditions, the following terms are understood to mean:

  • Cooling-off 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 who 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 delivery and/or purchase 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 way that allows future consultation and unchanged reproduction of the stored information.
  • Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  • Model form: the model form for withdrawal that the entrepreneur provides 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 organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;
  • Technique for distance communication: means that can be used for concluding a contract, without the customer and entrepreneur having to meet in the same room at the same time.
  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Unbound VR;
T/a Unbound XR
Kerkenbos 1063 M
6546 BB Nijmegen
Netherlands

Email address: service@unboundxr.eu

Telephone number: +31 85 065 6144

Chamber of Commerce number: 74112406

VAT identification number: NL859776761B01

Article 3 - Applicability

  • These general terms and conditions apply to every offer from 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 and they will be sent as soon as possible free of charge 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, it will be indicated before the distance contract is concluded, 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 case these general terms and conditions and specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and in case of contradictory general terms and conditions the consumer can always appeal to the applicable provision that is most favourable 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, then the agreement and these conditions remain otherwise in force and the relevant provision will be replaced without delay by mutual agreement by a provision that approaches the purport of the original as much as possible.
  • 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 validity or is made under conditions, this will be explicitly stated in the offer.
  • The offer is non-binding. 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 allow 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. Apparent mistakes or errors in the offer do not bind the entrepreneur.
  • All images, specifications data in the offer are indicative and can not lead to compensation or termination of the contract.
  • Images with products are a true representation of the offered products. Entrepreneur can not guarantee that the displayed colours exactly match the real colours of the products.
  • Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • the possible 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 contract;
    • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
    • the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the used communication medium;
    • whether the contract is archived after conclusion, and if so how this can be consulted by the consumer;
    • the way in which the consumer can check and if desired correct the information he has provided under the contract before the contract is concluded;
    • the possible other languages in which, in addition to Dutch, the contract can be concluded;
    • the codes of conduct to which the entrepreneur has subjected himself 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 a duration 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 dissolve the agreement.
  • If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transmission of data and ensure 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, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
  • The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable medium:
    • 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 use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • information about warranties and existing service after purchase;
    • the data referred to in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
    • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  • In the event of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
  • Each agreement is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 - Right of withdrawal

When delivering products:

  • When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
  • During the reflection period, the consumer will handle the product and the 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 accessories supplied 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 receiving the product. The consumer must do this by means of the model form. After the consumer has expressed his wish to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of a proof of shipment.
  • If, after the periods mentioned in paragraphs 2 and 3, the customer has not made it known that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the sale is a fact.

When delivering services:

  • When delivering services, the consumer has the option to dissolve the agreement without giving any 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 in 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, the costs of returning the goods at most will be at his expense.
  • If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition here is that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted. Refund will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for 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 liable 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 conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

  • The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated 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 created by the entrepreneur in accordance with the consumer's specifications;
    • that are clearly personal in nature;
    • that cannot be returned due to their nature;
    • that can spoil or age quickly;
    • whose price is bound to fluctuations in the financial market on which the entrepreneur has no influence;
    • for individual newspapers and magazines;
    • for audio and video recordings and computer software for which the consumer has broken the seal;
    • for hygienic products where the consumer has broken the seal.
  • Exclusion of the right of withdrawal is only possible for services:
    • regarding accommodation, transport, catering or leisure activities to be carried out on a certain date or during a certain period;
    • whose delivery has begun with the express consent of the consumer before the reflection 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 are not 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, at variable prices. This bondage to fluctuations and the fact that any mentioned prices are target prices, are 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 terminate the agreement as of the day the price increase takes effect.
  • The prices mentioned in the offer of products or services include VAT.
  • All prices mentioned in the webshop are subject to printing, typesetting and input errors. No liability is accepted for the consequences of such errors. In case of printing, typesetting or input errors, the entrepreneur is not obliged to deliver the product at the incorrectly displayed price. 

Article 10 - 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 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 guarantees that the product is suitable for other than normal use.
  • Any warranty provided by the entrepreneur, manufacturer, or importer does not detract from the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
  • Any deliveries with defects or incorrectly delivered products must be reported in writing to the entrepreneur within 7 days of delivery. The return of the products must take place in the original packaging and in new condition.
  • The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate 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 statutory warranty period of 1 year applies after purchase of the product (within the EU). For business customers and/or orders, a statutory warranty period of 1 year applies.
  • The warranty does not apply if:
    • the consumer has repaired and/or edited the delivered products themselves or had them repaired and/or edited by third parties;
    • the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the entrepreneur's instructions and/or have been treated according to the packaging;
    • the inadequacy is entirely 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 (for example via a second-hand platform such as marketplace) is resold to a consumer.

Article 11 - Delivery and execution

  • The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests 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 paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, 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 periods mentioned. Exceeding a term does not give the consumer the right to compensation.
  • In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the customer has paid as soon as possible, but at the latest within 14 days after dissolution.
  • If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make a replacement article available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are for the entrepreneur's account.
  • The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a representative designated in advance and made known to the entrepreneur, 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 case of a missing package, 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, termination and extension

Termination

  • The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of at most one month.
  • The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite duration with due observance of the agreed termination rules and a notice period of at most one month.
  • The consumer can terminate the agreements mentioned in the previous paragraphs:
    • at any time and not be limited to termination at a certain time or in a certain period;
    • at least terminate in the same way as they were entered into by him;
    • always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

  • An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
  • Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
  • An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of at most one month and a notice period of at most three months if the agreement extends to the regular, but less than once a month, delivery of daily newspapers and magazines.
  • A contract with a limited duration for the regular delivery of daily newspapers and magazines for trial or introduction will not be tacitly continued and will automatically end after the trial or introduction 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 at most one month, unless reasonableness and fairness oppose termination 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 the confirmation of the agreement.
  • The consumer has the duty to report inaccuracies in provided or stated payment details immediately to the entrepreneur.
  • In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs announced to the consumer in advance.

Article 14 - Complaints procedure

  • Unbound XR does its best to handle every order, delivery and service request carefully. If something does not go as you wish, as a private customer you can submit a complaint to us.
  • Complaints about the execution of an agreement, delivery, product, repair, RMA request or logistical handling must be fully and clearly described and reported to Unbound XR within 14 days after you have discovered the problem, or could reasonably have discovered it. A complaint can be submitted via the return, RMA or ticket process intended for this, or via the contact details as stated on our website. Please provide as much relevant information as possible, such as your order number, invoice number, serial number, photos, videos or other evidence.
  • We respond to complaints within 14 days of receipt. If a complaint requires more time to assess substantively, you will receive a confirmation of receipt within 14 days with an indication of when you can expect a substantive response.
  • If we find the complaint to be valid, we will, depending on the situation, proceed to repair, replace, exchange, credit or find another appropriate solution. Filing a complaint does not suspend any payment obligations, unless Unbound XR confirms otherwise in writing.
  • If we can't find a resolution together, you can turn to WebwinkelKeur. WebwinkelKeur can mediate between consumer and webshop at no cost. More information can be found at www.webwinkelkeur.nl.
  • If mediation does not lead to a resolution, the dispute can be submitted to DigiDispuut via WebwinkelKeur for an independent binding decision. Costs may be associated with submitting a dispute.

Article 15 - Prohibition of Automated Data Collection (Scraping)

  • It is strictly forbidden for users of the Unbound XR website to use automated means for collecting, copying or extracting data from the website, including, but not limited to, the use of scrapers, bots, spiders, crawlers, and other similar technologies without prior written permission from Unbound XR.
  • Server load and performance damage: The use of such technologies can lead to an excessive load on our servers, which affects the performance of the website and the experience of other users. This can directly lead to loss of revenue for Unbound XR due to reduced accessibility and functionality of our services.
  • Penalty and compensation for violation: In the event of a violation of this prohibition, Unbound XR will be entitled to impose a penalty 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 penalty is intended to cover the damage resulting from server load, loss of revenue and the cost of legal action.
  • Enforcement and measures: Unbound XR reserves the right to immediately block access to the website in the event of a violation of this article and to take legal measures, including the recovery of damages and the cost of the legal process. Users who violate this article may also be prosecuted, depending on the severity of the violation and the applicable law.
  • Termination of access: In the event of a violation, Unbound XR can immediately terminate the user's access to the website without prior notice.

Article 16 - Disputes

  • Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer resides abroad.
  • The Vienna Sales Convention does not apply.

Article 17 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the disadvantage 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 way on a durable data carrier.