General Terms and Conditions

General Terms and Conditions of Unbound XR, located at:

Kerkenbos 1063F
6546 BB Nijmegen
Netherlands

Table of Contents

Article 1 - Definitions

These conditions include the following terms:

  • 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 a 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 organization;
  • Day: calendar day;
  • Duration transaction: a distance contract with regard to 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 that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the opportunity for the consumer to renounce the distance contract within the reflection 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: an agreement in which, in the context of a system organized by the entrepreneur for distance selling of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the agreement;
  • Technique for communication at a distance: a means that can be used for concluding an agreement, without the customer and entrepreneur having come together simultaneously in the same space.
  • 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 Unbound XR
Kerkenbos 1063 M
6546 BB Nijmegen
Netherlands

Email address: service@unboundxr.nl

Phone number: +31 85 065 6144

Chamber of Commerce number: 64147061

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 established between the entrepreneur and the 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 and they will be sent free of charge as soon as possible at the consumer's request.
  • 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 electronically observed and that they will be sent free of charge at the consumer's request electronically or otherwise.
  • In the event that these general terms and conditions and specific product or service conditions apply in addition to these, the second and third paragraphs apply equally and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
  • If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, then the agreement and these conditions remain applicable and the provision in question will immediately be replaced by mutual agreement by a provision that approaches the intent of the original as closely 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 must be explained '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 is 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, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  • All images, specifications data in the offer are indicative and cannot be the reason for compensation or termination of the agreement.
  • Images with products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  • Each offer contains such information that it is clear to the consumer what the rights and obligations are that are connected to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the way in which the agreement will be concluded and which actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery, and execution of the agreement;
    • the period for accepting 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 basis other than the regular basic rate for the used communication medium;
    • whether the agreement is archived after its conclusion, and if so how it can be consulted by the consumer;
    • the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement;
    • any other languages in which, in addition to Dutch, the agreement can be concluded;
    • the codes of conduct to which the entrepreneur has submitted 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, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set.
  • If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the 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 established 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 - ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into a distance contract. If the entrepreneur has good grounds for not entering into the agreement based on this investigation, he is entitled to refuse an order or request or to attach special conditions to the execution.
  • The entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner 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 go with complaints;
    • the conditions under which and the way in which the consumer can use the right of withdrawal, or a clear message regarding the exclusion of the right of withdrawal;
    • the information about guarantees and existing service after purchase;
    • the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
    • the requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.
  • In the event of a long-term 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 relevant products.

Article 6 - Right of withdrawal

When delivering products:

  • When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative appointed by the consumer and made known to the entrepreneur.
  • During the cooling-off 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 use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receiving the product. The consumer must make this known via the model form. After the consumer has expressed a wish to use 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 the customer has not made it known that he wants to make use of his right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

When delivering services:

  • When delivering services, the consumer has the option to dissolve the contract 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 will be for his account.
  • If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive evidence of complete return can be submitted. Refunds 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 liable for depreciation of the product when 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 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 before 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 deteriorate or age quickly;
    • whose price is linked 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 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 certain date or during a certain period;
    • the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
    • regarding betting and lotteries.

Article 9 - 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 as a result of changes in VAT rates.
  • Contrary to 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. This link to fluctuations and the fact that any stated prices are target prices are 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 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 contract from the day the price increase takes effect.
  • The prices mentioned in the offer of products or services include VAT.
  • All prices are subject to typing and typing errors. No liability is accepted for the consequences of typing and typing errors. In the event of typing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect 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 the agreement was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  • A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce 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. 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 the 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 are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
    • the inadequacy is wholly or partially the result of regulations that the government has or will impose regarding the nature or the quality of the materials used.
    • when a product (for example via a second-hand platform such as a marketplace) is resold to a consumer.

Article 11 - Delivery and execution

  • The entrepreneur will take the greatest possible care when receiving and executing orders of 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.
  • Taking into account 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 can not or only partially be executed, the consumer will be notified of this at the latest 30 days after he has placed 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 case of termination 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 termination.
  • If delivery of an ordered product proves to be impossible, the entrepreneur will strive to make a replacement item available. It will be clearly and understandably stated that a replacement item is being delivered at the time of delivery. With replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are at the expense of the entrepreneur.
  • 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 thereby active).

Article 12 - Long-term transactions: duration, termination and extension

Termination

  • The consumer can at any time terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.
  • The consumer can terminate 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, with due observance of the agreed termination rules and a notice period of no more than 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 certain period and which extends to the regular delivery of products (including electricity) or services, may not be extended or renewed silently 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 extended silently for a certain period of a maximum of three months, if the consumer can terminate this extended agreement towards 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 extended silently for an indefinite period if the consumer may at any time terminate with a notice period of no more than one month and a notice period of no more than three months in the event the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  • An agreement with limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not continued silently and ends automatically after 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 a year with a notice period of no more than 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 to the entrepreneur without delay.
  • In the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously announced to the consumer.

Article 14 - Complaints procedure

  • The entrepreneur has a sufficiently publicized 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 entrepreneur within 7 days after the consumer has discovered the defects.
  • Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more extensive answer.
  • If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement.
  • In case of complaints, a consumer must first turn to the entrepreneur. If complaints cannot be resolved in mutual consultation, the consumer should turn to
  • The WebwinkelKeur Foundation (www.webwinkelkeur.nl) will mediate for free. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by the WebwinkelKeur Foundation. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the respective committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  • A complaint does not 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 free of charge at their discretion

Article 15 - Prohibition of Automated Data Collection (Scraping)

  • It is strictly prohibited 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 other similar technologies without prior written consent from Unbound XR
  • Server load and performance damage: The use of such technologies can lead to excessive load on our servers, which adversely affects the performance of the website and the experience of other users. This can directly result in loss of revenue for Unbound XR due to reduced accessibility and functionality of our services
  • Penalty and compensation in case of 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, notwithstanding our right to claim additional damages 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 costs of legal actions
  • Enforcement and measures: Unbound XR reserves the right to immediately block access to the website in case of a violation of this article and to take legal measures, including recovering damages and the costs of the legal procedure. Users who violate this article may also be prosecuted criminally, depending on the severity of the violation and the applicable law
  • Termination of access: In the event of a violation, Unbound XR may 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 lives abroad
  • The Vienna Sales Convention does not apply

Article 17 - Additional or divergent provisions

Additional or divergent provisions 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 way that they can be stored by the consumer in an accessible way on a durable data carrier.