General Terms and Conditions

In these terms and conditions, the following definitions shall apply:

1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
2. 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;
3. Day: calendar day;
4. Long-term transaction: a distance contract concerning a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Standard form: the standard withdrawal form that the entrepreneur provides that a consumer can fill in when he wants to use his right of withdrawal;
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time;
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

RootStack B.V.
Ravelijn 39
1823HD Alkmaar
The Netherlands

T (065) 372-2179
E reinier@coachball.app
Chamber of Commerce 68822804
VAT NL185418351B01

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
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 the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
5. If at any time one or more provisions in these general terms and conditions are wholly or partially null and void or destroyed, the agreement and these terms and conditions shall remain in force for the rest and the relevant provision shall be immediately replaced in mutual consultation by a provision that approximates the tenor of the original as closely as possible.
6. Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur makes use of images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images with products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
   • the price including taxes;
   • any costs of delivery;
   • the manner in which the agreement will be concluded and which actions this will require;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery and execution of the agreement;
   • the deadline for accepting the offer, or the period within which the entrepreneur guarantees the price;
   • the rate for distance communication if the cost of using the technology for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
   • whether the agreement is filed 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 the information provided by him under the agreement and, if necessary, restore it;
   • any other languages in which, in addition to Dutch, the agreement 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 case of a long-term transaction.

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is created 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 safety measures.
4. The entrepreneur may - within legal frameworks - acquaint himself with the consumer's ability to meet his payment obligations, as well as with all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution, stating his reasons.
5. 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 manner on a durable medium:
   1. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
   2. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
   3. the information about warranties and existing after-sales service;
   4. the data included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the agreement;
   5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

For products:

1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
   1. if the consumer has ordered several 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 about this prior to the ordering process, refuse an order for several products with different delivery times;
   2. 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;
   3. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not delivered on a tangible medium:

3. The consumer can dissolve a service agreement and an agreement for delivery of digital content that is not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that is not delivered on a tangible medium when not informing about the right of withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the standard withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

1. If the consumer exercises his right of withdrawal, he shall bear at most the cost of returning the goods.
2. If the consumer has paid an amount, the entrepreneur shall repay this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Repayment will be made using the same payment method that was used by the consumer unless the consumer explicitly gives permission for a different payment method.
3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any diminished value of the product.
4. The consumer cannot be held liable for value 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.

1. 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.
2. Exclusion of the right of withdrawal is only possible for products:
   1. that have been created by the entrepreneur in accordance with the consumer's specifications;
   2. that are clearly personal in nature;
   3. that cannot be returned due to their nature;
   4. that can spoil or age quickly;
   5. the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
   6. for individual newspapers and magazines;
   7. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   1. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
   2. the delivery of which has begun with the explicit consent of the consumer before the cooling-off period has expired;
   3. concerning wagers and lotteries.

1. During the period of validity 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.
2. 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 prices mentioned are recommended prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   1. these are the result of statutory regulations or provisions; or
   2. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

1. The entrepreneur guarantees that the products and/or services fulfill the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or government regulations that existed on the date that the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or wrong products delivered must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's 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.
5. The warranty does not apply if:
   1. the consumer has repaired and/or processed the delivered products himself or had them repaired and/or processed by third parties;
   2. the delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
   3. the inadequacy is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously 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 can only be partially 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 dissolve the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Termination:

1. The consumer can 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, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
   • at any time and not be limited to termination at a specific time or in a specific period;
   • at least terminate them in the same way as they were entered into by him;
   • always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Extension:

4. 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 automatically extended or renewed for a definite period.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for 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.
6. 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 automatically extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular introduction of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

8. 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 term.

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In case of default by the consumer, the entrepreneur has, subject to statutory limitations, the right to charge the reasonable costs made known to the consumer in advance.

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has discovered the defects.
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 notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved by mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution has still not been reached, the consumer has the opportunity to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which must be paid by the consumer to the committee concerned. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Additional or different 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 manner on a durable data carrier.