GENERAL TERMS AND CONDITIONS

By using rogelli.com or placing an order, you agree to the terms and conditions below. Please make sure you have read and understood the terms and conditions before placing your order. 

Table of contents

Article 01 - Definitions
Article02 - Identity of the entrepreneur
Article03 - Applicability
Article 04 - The offer
Article 05 - The contract
Article 06 - Right of withdrawal
Article 07 - Obligations of the consumer during the cooling-off period
Article 08 - Exercise of the right of withdrawal by the consumer and costs thereof 
Article 09 - Obligations of the trader in the event of withdrawal 
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Continuing transactions: duration, termination and extension 
Article 15 - Payment
Article 16 - Complaints procedure 
Article 17 - Disputes
Article 18 - Additional or different provisions

Article 01 - Definition 

In these terms and conditions: 

1.1 Supplementary agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these goods are delivered by the entrepreneur; 
1.2 Reflection period: the period within which the consumer can make use of his right of withdrawal; 
1.3 Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession; 
1.4 Day: calendar day; 
1.5 Digital Content: data produced and delivered in digital form; 
1.6 Extended duration contract: a contract that relates to the regular supply of goods, services and/or digital content for a specific period; 
1.7 Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which enables the unaltered reproduction of the stored information; 
1.8 Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period; 
1.9 Entrepreneur: the natural or legal person who offers products to consumers from a distance; 
1.10 Distance contract: an agreement between the entrepreneur and the consumer in the context of an organized system for distance selling of products, whereby to the conclusion of the agreement exclusive or partial use is made of one or more means of distance communication; 
1.11 Model withdrawal form: the European model withdrawal form included in Annex I of these Terms and Conditions; 

Article 02 - Identity of the entrepreneur

Gowa Sportswear B.V. owner of the brand Rogelli Sportswear. 

Pastoor Palsstraat 4, 4711CN, Sint Willebrord, Netherlands
Phone number: 0165-386644
E-mail: Customerservice@rogelli.com
Chamber of Commerce number: 20079444 
Btw-identificationnumber: NL8043.05.882.B01 

If the Entrepreneur's activity is subject to a relevant licensing regime: the details of the supervising authority. 

If the entrepreneur practices a regulated profession: 

the professional association or organization with which he is affiliated; 
the professional title, the place in the EU or the European Economic Area where it is awarded; 
a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules can be accessed.

Article 03 - Applicability 

3.1 These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between entrepreneur and consumer. 
3.2 Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request. 
3.3 If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in another way. 
3.4 In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is the most favourable to him/her.

Artikel 04 - The offer

4.1 If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer. 
4.2 The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products offered. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur. 
4.3 Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 05 - The contract

5.1 The agreement comes into effect, subject to the provisions in paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated. 
5.2 If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. 
5.3 If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational 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. 
5.4 The entrepreneur may - within legal frameworks - inform the consumer about his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation. 
5.5 The entrepreneur will, at the latest upon delivery of the product to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send: 
a. the visiting address of the Entrepreneur's business establishment where the Consumer may lodge complaints; 
b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal; 
c. the information on guarantees and existing after-sales service; 
d. the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract 
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite; 
f. if the consumer has a right of withdrawal, the model form for withdrawal. 
5.6 In case of a duration contract, the provision in the previous paragraph applies only to the first delivery.

Article 06 - Right of withdrawal

With products: 

6.1 The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but may not oblige the consumer to give his reason(s). 
6.2 The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or: 
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time. 
b. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part; 

In the case of services and digital content that is not supplied on a tangible medium: 

6.3 The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s). 
6.4 The cooling off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement. 

Extended cooling off period for products that are not delivered on a material carrier when not informing about the right of withdrawal: 

6.5 If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article. 
6.6 If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received this information. 

Article 07 - Obligations of the consumer during the cooling-off period 

7.3 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 determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store. 
7.4 The consumer is only liable for decrease in value of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1. 
7.5 The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 08 - Exercise of the right of withdrawal by the consumer and costs thereof  

8.1 If the consumer uses his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model form for withdrawal or in another unambiguous manner. 
8.2 As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired. 
8.3 The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. 
8.4 The risk and burden of proof of the correct and timely exercise of the right of withdrawal lies with the consumer. 
8.5 The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return. 
8.6 The consumer does not bear any costs for the complete or partial delivery of digital content not delivered on a tangible medium, if: 
a. prior to its delivery he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period; 
b. he has not acknowledged losing his right of withdrawal when giving his consent; or 
c. the entrepreneur has failed to confirm this statement by the consumer. 
8.7 If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 09 - Obligations of the trader in the event of withdrawal 

9.1 If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send an acknowledgement of receipt of this notification without delay. 
9.2 The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 30 days from the day the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever comes first. 
9.3 The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer. 
9.4 If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement: 

10.1 Products whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period; 
10.2 Agreements concluded at a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or gets the opportunity to personally attend the auction, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services; 
10.3 Service contracts, after full performance of the service, but only if: 
a. the execution has started with the explicit prior consent of the consumer; and 
b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has completely executed the agreement; 
10.4 Agreements relating to leisure activities, if the agreement provides for a certain date or period of execution; 
10.5 Products made to the consumer's specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person; 
10.6 Products that spoil quickly or have a limited shelf life; 
10.7 Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery; 
10.8 Products that are irrevocably mixed with other products after delivery due to their nature; 
10.9 Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence; 
10.10 Sealed audio, video recordings and computer software, of which the seal has been broken after delivery; 
10.11 Newspapers, magazines or journals, with the exception of subscriptions to these; 
10.12 The delivery of digital content other than on a tangible medium, but only if: 
a. the execution has started with the express prior consent of the consumer; and 
b.the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

11.1 During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates. 
11.2 Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated with the offer. 
11.3 Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations. 
11.4 Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and: 
a. they are the result of statutory regulations or provisions; or 
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect. 
11.5 The prices mentioned in the offer of products or services include VAT.

Article 12 - Performance and additional warranty

12.1 The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use. 
12.2 An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to perform his part of the agreement. 
12.3 Extra guarantee means any commitment from the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.

Article 13 - Delivery and execution

13.1 The entrepreneur will take the greatest possible care when receiving and in the execution of orders of products and in assessing applications for the provision of services. 
13.2 The place of delivery is the address that the consumer has made known to the entrepreneur. 
13.3 Subject to what is stated in Article 4 of these General Conditions, the entrepreneur will accepted orders expeditiously but not later than 30 days, unless a different delivery has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty and the right to any compensation. 
13.4 After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay. 
13.5 The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and the entrepreneur announced representative, unless otherwise expressly agreed.

Article 14 - Continuing transactions: duration, termination and extension 

Termination: 

14.1 The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time in compliance with the agreed termination rules and a notice of up to one month. 
14.2 The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month. 
14.3 The consumer may terminate the agreements mentioned in the previous paragraphs: 
a. terminate at any time and not be limited to termination at a specific time or in a specific period; 
b. at least cancel in the same way as they were entered into by him; 
c. always terminate them with the same notice period as the entrepreneur has stipulated for himself. 

Renewal: 

14.4 An agreement entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time. 
14.5 Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum of three months, if the consumer can terminate this renewed contract towards the end of the renewal with a period of notice that does not exceed one month. 
14.6 A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of up to one month. The notice period is up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. 
14.7 A contract with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period. 

Duration: 

14.8 If an agreement has a duration of more than one year, after one year the consumer may terminate the agreement at any time with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment 

15.1 Insofar as not otherwise specified in the agreement or additional conditions, the amounts due by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of an agreement for the provision of a service, this period shall start on the day after the consumer has received the confirmation of the agreement. 
15.2 When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When prepayment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s), before the stipulated prepayment has taken place. 
15.3 The consumer has the duty to inaccuracies in data supplied or specified payment to report immediately to the entrepreneur. 
15.4 If the consumer does not meet his payment obligation(s) on time, he will, after being notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to meet his payment obligations, after the failure to pay within this 14-day period, owe the statutory interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2500; 10% on the following € 2500 and 5% on the following € 5000, with a minimum of € 40. The proprietor may depart from the amounts and percentages stated for the benefit of the consumer.

Article 16 - Complaints procedure

16.1 The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. 
16.2 Complaints about the implementation of the agreement must be made within a reasonable time after the consumer has found the defects, fully and clearly described and submitted to the entrepreneur. 
16.3 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 detailed answer. 
16.4 If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months after the complaint was filed, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

17.1 Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general conditions apply.

Article 18 - Additional or different provisions 

18.1 Additional provisions or provisions that deviate from these General Terms and Conditions may not be to the Consumer's detriment and must be recorded in writing or in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.