Article 1. Siren Archery
Siren Archery is the trade name of the sole proprietorship established in (6883 GN) Velp at Theorodus Dobbeweg 9 The Netherlands and is part of:
Simon’s Bow Company
Eiberstraat 12
6883 EJ Velp
The Netherlands
VAT: NL001851823B12
Chamber of Commerce: 09206665
These terms and conditions use the following definitions:
Buyer: a Consumer or a Client;
Client: a party that is not a Consumer and with which Siren Archery forms a Contract, or to which Siren Archery makes an offer;
Consumer: a natural person not acting for purposes relating to his/her business or profession;
Contract: a distance contract formed between Siren Archery and the Buyer under an organised system of remote sales of products, digital contents and/or services, with the exclusive use of one or more means of remote communication up to and including the time at which the contract is formed, which is subject to these Terms & Conditions;
Cooling-Off Period: the period within which the Consumer may exercise his/her Right of Withdrawal;
Costs: the costs that Siren Archery incurs in connection with the Supply and that are payable by the Buyer, for example shipping costs;
Day: calendar day;
Defect: where a Supply is not in accordance with the Contract;
Delivery Time: the period agreed between Siren Archery and the Buyer within which the Supply must be delivered, or within which Siren Archery must perform the Contract;
Digital Contents: the data that are produced and sent in digital format;
Durable Medium: any instrument which enables the Buyer or Siren Archery to store information
Means of Remote Communication: any means which may be used, without the Buyer and Siren Archery both being simultaneously physically present, to form a Contract.
Model Withdrawal Form: the European Model Withdrawal Form included with the present Terms & Conditions as Annex I;
Parties: Siren Archery and the Client jointly;
Price: the amount that the Buyer must pay to Siren Archery for the Supply;
Product: the movable property that Siren Archery will deliver to the Client under the Contract;
Right of Withdrawal: the Consumer’s possibility to withdraw from the Contract within the Cooling-Off Period;
Service: the service to be performed by Siren Archery under the Contract;
Supply: the Service and/or Product that Siren Archery will provide to the Client under the Contract;
Terms & Conditions: the present set of terms & conditions;
addressed personally to him/her/it in a way that makes it accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
All references in these Terms & Conditions to the singular form also include the plural form where appropriate.
Article 3. Scope of application
Article 4. Offers, formation of and modifications to Contracts
Article 5. Correct information
Siren Archery may issue a new offer to the Buyer based on these revised costs. If the Buyer rejects that offer, the original Contract will remain in full force and effect.
Article 6. Prices
Article 7. Payment
Article 8. Delivery time for performance of the Contract
Article 9. Transfer of risk
9.1 As soon as the Product has been delivered, the Client will bear the risk for all direct and/or indirect loss/damage that is caused by the Product, except where that loss/damage is attributable to a wilful act or intentional recklessness on the part of Siren Archery.
9.2 The Buyer has a purchase obligation. If a Product offered by Siren Archery is not taken into possession (or cannot be taken into possession) as a result of circumstances that are not attributable to Siren Archery, Siren Archery may choose, at its sole discretion, either to store the Product and/or to sell it to third parties or else to destroy it (or have it destroyed) if Siren Archery cannot, within reason, be expected store and/or sell it. All costs, and any loss of proceeds will be for the Buyer’s expense. This does not diminish any other rights that Siren Archery may exercise in respect of the Buyer.
Article 10. Retention of title
10.1 Products that have been delivered and that have yet to be delivered by Siren Archery remain the property of Siren Archery until the Price and Costs have been paid in full.
Article 11. No Right of Withdrawal
11.1 Custom made bows are excluded from the Right of Withdrawal specified in the following article. The reason for this is that they are custom-made: Custom made bows are not prefabricated and are made to the Buyer’s specifications. They are made based on the Buyer’s individual choices and decisions, and are clearly intended for a specific person, which is agreed upon by both Consumer and Siren Archery in writing.
11.2 Under no circumstances does a Client have a Right of Withdrawal.
Article 12. Right of Withdrawal
12.1 The Consumer may terminate the Contract during the 14-day Cooling-Off Period, without being required to state any reasons.
12.2 If a Contract is for the sale or purchase of a Product, the Cooling-Off Period specified in Article 12.1 will commence after the Consumer or a third party that has been designated by the Consumer and that is not the transporter:
12.3 In the case of a Contract for the provision of a Service, the Cooling-Off Period specified in Article 12.1 commences on the day after the Contract has been formed.
12.4 If Siren Archery has not provided the Consumer with the legally required information about the Right of Withdrawal and how to exercise the Right of Withdrawal, and/or has not provided the Model Withdrawal Form, the Cooling-Off Period will be extended by the time that has passed since the time specified in Articles 12.2 and 12.3 until all missing information has as yet been provided to the Consumer in the prescribed manner. However, it will not be extended by more than 12 months.
12.5 The Consumer will have to prove that he/she has exercised the Right of Withdrawal on time and in the correct manner.
Article 13. The Consumer’s obligations during the Cooling-Off Period
13.1 During the Cooling-Off Period, the Consumer must handle the Product and its packaging with due care. The Product’s packaging may not be opened and/or removed any more than is needed, and the Product may not be used more than is necessary, in order to establish the nature, features and workings of the Product.
13.2 The Consumer is only liable for loss of the Product’s value if this is the result of conduct that conflicts with that described in Article 13.1.
Article 14. The Consumer’s exercise of the Right of Withdrawal and the associated costs
14.1 If the Consumer wishes to exercise his/her Right of Withdrawal, he/she must notify Siren Archery accordingly before the Cooling-Off Period expires. This can be done in one of the following ways:
14.2 The Consumer must return or hand over the Product to Siren Archery or to a party authorised by Siren Archery as soon as possible, but in any event no later than 14 days after the notification specified in Article 14.1 was made. The only exception to this situation is if Siren Archery has offered to collect the Product itself.
14.4 The Buyer will bear the direct costs of returning the Product. Those costs are estimated at a maximum of approximately €50 (including VAT) for shipping from the Netherlands. However, the actual costs will depend in part on the shipping company chosen and the rates that it charges at that time. For that reason, no cost estimate can be given for packages sent to Siren Archery from outside the Netherlands. Based on experience, the shipping costs from the other Benelux countries can generally be estimated at no more than approximately €120 (including VAT); however, Siren Archery cannot guarantee this.
14.5 Siren Archery will not compensate the additional shipping costs if the Consumer has explicitly opted for any delivery method other than the cheapest standard delivery offered by Siren Archery.
14.6 If the Consumer exercises his/her Right of Withdrawal after having first explicitly requested that the Service commence during the Cooling-Off Period, the Consumer will owe Siren Archery a proportionate amount for the part of the obligation that Siren Archery has fulfilled at the moment of withdrawal, relative to the fulfilment of the entire obligation. The amount payable in that case will be calculated based on the Price and Costs, as established in the Contract. If they are excessive, the amount payable will be calculated based on the market value of the part of the Contract that has been performed.
14.7 If the Consumer exercises his/her Right of Withdrawal, any and all additional contracts will be terminated by operation of law.
Article 15. Siren Archery’s obligations in the event of withdrawal
15.1 If the Consumer has the possibility to send the notification of withdrawal in digital format Siren Archery will send confirmation of receipt to the Consumer promptly after having received that notification.
15.2 With due observance of the provisions of Article 14.5, Siren Archery will refund all payments that the Consumer made with regard to the Product, including Costs. This refund will be paid promptly, but in any case within a period of 14 days from the day following the day on which the Consumer made notification of the withdrawal. Unless Siren Archery offers to collect the Product itself, Siren Archery may wait before paying the refund until it has received the Product or until the Consumer demonstrates that he/she has returned the Product, whichever is sooner.
15.3 Siren Archery will transfer the refund using the same payment method as the Consumer used for the payment, unless the Consumer agrees to another payment method. The refund is free of charge to the Consumer.
Article 16. The Buyer’s obligations
16.1 The Client must take all measures and follow all instructions that must be observed when using the Product and that serve to improve the Product’s durability and safety. Among other things, this includes all measures described and instructions given by Siren Archery, or provided on, with or in primary and/or outer packaging such as on labels, in manuals , leaflets and/or instructions or other documentation provided by Siren Archery together with the Product. Given the nature and use of the Products, prior to each use all Products and other items used with them should be checked for defects and suitability (for example, whether the arrows that will be used are suitable for use with the bow in question).
16.2 When using, storing, transporting and granting third parties access, and in all other acts and omissions with regard to the Product, the Client must observe all the measures and take all precautions that are customary for items such as or similar in nature to the Product, regardless of the basis for those measures and precautions. This also applies to the responsibility to inspect the items as described in Article 16.1.
16.3 The Client must also impose all the aforementioned measures and instructions on its own customers, instruct its customers about and in accordance with all measures and instructions described by Siren Archery, and all manuals, instructions for use and/or instruction material provided by Siren Archery.
Article 17. Warranty
17.1 The Product must match the details of the Contract.
17.2 Siren Archery will warrant that the Product is suitable for any other use besides its normal use only where that has been contractually agreed.
17.3 Siren Archery warrants that the Supply is sound and matches the contractual standard of quality. Siren Archery will carry out the Supply to the best of its knowledge and abilities, in accordance with the professional standards applicable at the moment of delivery. Siren Archery warrants that Products will be free from defects in material and workmanship for 2 years from the date on which the Product is delivered to the address specified by the Buyer or has been received by the Buyer in another way. All replaced Products and parts will become the property of Siren Archery. In the case of Services, Siren Archery has a best-efforts obligation. It explicitly does not have an obligation of results.
17.4 A deviation in colour or structure compared with a model or illustration that is inherent in the fact that the Product is made from natural materials does not constitute a deviation, a defect in material or a defect in workmanship.
17.5 If the Buyer believes that the provisions of Article 17.1 and/or Article 17.3 have not been satisfied, he/she/it must act in the manner described in the following article.
Article 18. Complaints
18.1 If the Buyer has any complaints that relate to a Product or Service or that are associated with and/or ensue from the Contract, he/she/it must notify Siren Archery of those complaints in writing as soon as possible after he/she/it has observed the Defect, describing the complaint in full and in clear terms. The Buyer will be sent written confirmation of receipt of the complaint within 7 days.
18.2 Siren Archery endeavours to respond to the substance of all complaints in writing within 4 weeks of receiving the complaint. If this proves to be impossible, Siren Archery will notify the Buyer accordingly in writing as soon as possible, stating when Siren Archery will provide its written response.
18.3 After a Defect has been notified, the Buyer must make best efforts to limit any existing and future loss/damage to himself/herself/itself, Siren Archery and/or third parties.
18.4 The Client must store the Product about which it has filed a complaint carefully, without any further use or processing, and in a suitable place. If and when Siren Archery so requests, the Product must be made available to Siren Archery, or a third party designated by Siren Archery, for inspection. If and in so far as it emerges that the complaints are unfounded, the Client will bear all costs incurred in connection with the inspection conducted by Siren Archery or the third party designated by Siren Archery.
18.5 The following will not be deemed to be a shortcoming or imperfection as meant in this article: a shortcoming or imperfection resulting from normal wear and tear, or from using the Product for another purpose besides its intended purpose; and/or a shortcoming or imperfection resulting from acts that conflict with safety standards (whether imposed by government authorities or otherwise); a deviation in colour or structure that is inherent in the fact that the Product is made from natural materials.
Similarly, the following do not constitute shortcomings or imperfections as meant in this provision: a shortcoming or imperfection resulting from:
– modifications/refitting by the Buyer and/or a third party engaged by him/her/it without permission from Siren Archery.
18.6 Consumers may invoke their right of suspension without prejudice. However, complaints will not suspend the Client’s payment obligation in any way.
18.7 Where the Buyer is a Client, the Client will bear the burden of proving that the Product does not match the details of the Contract.
18.8 Where the Buyer is a Client, complaints about invoices must be notified to Siren Archery within 14 days of the invoice date.
Article 19. Force majeure
Article 20. Conversion
20.1 If and in so far as any provision of the Contract cannot be invoked according to standards of reasonableness and fairness or the unreasonable onerous nature of the provision, the provision in question will be construed in such a manner that it has as much of the same meaning as possible in terms of substance and purport and can be invoked.
Article 21. Privacy
Article 22. Governing laws and choice of forum
Annex I:
MODEL TERMINATION/WITHDRAWAL FORM
Information about exercising the right of withdrawal
RIGHT OF WITHDRAWAL
As a consumer, you are entitled to withdraw from the contract within 14 days, without being required to state any reasons.
The withdrawal period ends when 14 days have passed after:
To exercise the right of withdrawal, you must send Siren Archery, established in (6883 GN) Velp at Theodorus Dobbeweg 9, available by email at [email protected], a statement (for example by regular post or email) that is not open to misinterpretation, in which you inform it about your decision to withdraw from the contract. You may use the accompanying Model Withdrawal Form for that purpose, but are not obliged to do so.
Your notification that you are exercising your right of withdrawal will be considered to have been made within the withdrawal period if you send it before the withdrawal period ends.
CONSEQUENCES OF WITHDRAWAL
Withdrawal has the following consequences.
Refund
If you withdraw from the contract, Siren Archery will promptly, and in any case no later than 14 days after Siren Archery has been notified of your decision to withdraw from the contract, refund to you all payments that you have made until that moment, including the shipping costs (except, where applicable, additional costs resulting from your decision to opt for a shipping method other than the cheapest standard delivery offered by Siren Archery).
Siren Archery will pay the refund using the same payment method that you used to pay for the original transaction, unless you have explicitly agreed otherwise. You will never be charged for the refund.
If you have requested that services be started during the withdrawal period, you will be charged a proportionate amount for the services that have already been provided at the moment that you notify Siren Archery that you wish to withdraw from the contract, relative to performance of the full contract.
Returning products
You must return or hand over the product/products to Siren Archery without delay and in any case no later than 14 days after the day on which you notify Siren Archery of your decision to withdraw from the contract. Products are considered to have been returned on time if you return them before the period of 14 days has ended. The products must be returned to:
Siren Archery
Theodorus Dobbeweg 9
6883 GN VELP
Return costs
You will bear the direct costs of returning the items.
The costs of returning products that, by their nature, cannot be returned by post in the normal manner are estimated to be a maximum of approximately €50 (including VAT) for shipping from the Netherlands. However, the actual costs will depend in part on the shipping company chosen and the rates that it charges at that time. For that reason, no cost estimate can be given for packages sent to Siren Archery from outside the Netherlands. Based on experience, the shipping costs from the other Benelux countries are generally estimated to be maximum of approximately €120 (including VAT); however, Siren Archery cannot guarantee this.
Loss of products’ value
You are only liable for loss of the items’ value as a result of using the goods more than is necessary to establish the nature, features and workings of the goods.
MODEL TERMINATION/WITHDRAWAL FORM
Complete and return this form only if you wish to terminate/withdraw from the contract.
To Siren Archery, established in (6883 GN) Velp at Theodorus Dobbeweg 9, email: [email protected]:
I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods/provision of the following service(*)
Ordered on(*)/received on(*)
Name/Names of consumer(s) Address of consumer(s)
Signature of consumer(s)
[only if this form is submitted on paper]
Date
(*) Delete as appropriate.